Commercial Law Keyed to Lopucki
North American Lighting, Inc. v. Hopkins Manufacturing Corp
Appellee purchased a light aiming system, (MVS), based on Appellant’s ongoing promises that software could be added to correct problems experienced with the prototype. Appellee paid the purchase price withholding 10% pending completion of the upgrade. The permanent MVS system arrived but never performed properly. Both parties concede that Appellee accepted the MVS. Appellee claims it timely revoked its acceptance of the MVS and was not liable for the rental value of the system during the time it had possession. Appellant argues that since Appellee was aware of the existing capabilities and shortcomings of the MVS, there was no “non-conformity” upon which to base its revocation.
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