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Contracts Keyed to Kuney
Suminski v. Maine Appliance Warehouse, Inc.
Citation:602 A.2d 1173 (1992).
In May 1988, Suminski purchased a brand new television from Maine Appliance. In June 1989, the television began shutting off on its own. Suminski called Maine Appliance and was told the set was out of warranty and given the name of a repairperson. That repairperson, however, suggested that Suminski find someone else to repair the television. Two months later the television would no longer turn on. Suminski again called Maine Appliance and was told the television was out of warranty. The next afternoon Suminski spoke with a sales manager who told him the store’s only obligation was to provide the name of a repairperson and Suminski would be charged for any work Maine Appliance performed. Thereafter, Suminski contacted his attorney. The attorney called the store manager who stated that store had no obligation to repair the television, that Suminski was being treated the same as any other Maine Appliance customer, and that he had never heard of the implied warranty of merchantability.
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