Contracts Keyed to Calamari
Bartus v. Riccardi
Facts
The Plaintiff, Bartus (the "Plaintiff"), sold hearing aids for a manufacturer named Acousticon. On January 15, 1996, the Defendant, Riccardi (the "Defendant"), signed a contract with the Plaintiff to buy Model A-660 Acousticon hearing aids. A hearing aid clinic recommended to the Defendant that this would be the most effective model for him. On February 2, 1996, the Plaintiff informed the Defendant that the Model A-660 Acousticon hearing aid had been "modified and improved" and is now called the Model A-665. The Defendant returned to the hearing clinic, which told him that the model he was using was not the one they recommended. On February 8, 1996, the Defendant returned to the Plaintiff's office and told the Defendant the hearing aid was giving him a headache and that it was not the model he ordered. The Plaintiff offered to give the Defendant a Model A-660 hearing aid. Neither party mentioned canceling the contract. The Plaintiff informed Acousticon of the Defendant's complaint. On February 14, 1996, in a letter to the Defendant, Acousticon offered to replace the hearing aid the Defendant currently had with a new Model A-665 or to give him a model Model A-660. The Defendant refused both types of hearing aids. Now the Plaintiff sues for return of the balance due on the contract.
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