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Contracts Keyed to Epstein
Manouchehri v. Heim
Citation:123 N.M. 439, 941 P.2d 978 (1997)
Manouchehri is a physician in New Mexico. Heim, a sales representative of a medical supply company sold a used x-ray machine to Manouchehri. He paid with a check for $1,900 on which he wrote at the top “guaranteed to work without limitation” and wrote on the memo line “purchase and installation of Continental 100-100 x-ray. Heim signed his name on the check after Manouchehri read the notations to him. Next week, Manouchehri realized that the machine was performing as a 100/60 machine. The power was sufficient only for x-rays of small children and thin people. Despite Manouchehri’s request to repair, Heim failed to repair the machine. Manouchehri sued.
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