Commercial Law Keyed to Lopucki
Bowen v. Foust
Appellees solicited bids on the purchase and installation of heating and cooling equipment for their home. The purpose was to upgrade and work with their existing system. Appellees accepted Appellant’s bid. After installation, the equipment did not work properly if at all. Appellees allowed Appellant to make several repairs and repaired their own equipment which Appellant claimed might be responsible for the dysfunction. An inspection of the equipment by a third party revealed that the units were incompatible with Appellees existing system, a problem exacerbated by substandard workmanship, and failed to conform to contract specifications. Appellees refused to allow Appellant to repair the system and sued for breach of contract.
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