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Contracts Keyed to Kuney
Van Den Broeke v. Bellanca Aircraft Corp.
Citation:576 F.2d 582 (1978).
In April 1873, Broeke ordered a commercial crop duster from Bellanca through Abide Aero Service. The plane was delivered on June 6, 1973. Two documents were delivered along with the plane. The first was a warranty certificate that “disclaimed” implied warranties and limited damages. The second was a postcard for Broeke to return to Bellanca for the purpose of activating warranties. The postcard was thereafter returned to Bellanca. Subsequently, Broeke began experiencing mechanical difficulties and eventually sold the plane.
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