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Contracts Keyed to Farnsworth
Bartus v. Riccardi
Citation:
284 N.Y.S.2d 222Facts
Riccardi (defendant) contracted with Bartus (plaintiff) to purchase a Model A-660 Acousticon hearing aid from Bartus. Bartus placed an order for the Model A-660 Acousticon and was informed that this model had been modified and improved. The new and improved model was now called the Model A-665. Riccardi was fitted with the Model A-665 and complained about the noise. Bartus assured Riccardi that he would get used to the hearing aid. Riccardi eventually went back to Bartus’ clinic, where he was informed that the hearing aid was not the Model A-660. Riccardi returned the hearing aid he received. Bartus offered to deliver the Model A-660 or a replacement of the Model A-665, but Riccardi refused to accept either model. Bartus sued Riccardi for the balance due on the contract.
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