Contracts Keyed to Summers
Wilson v. Scampoli
Facts
On November 4, 1965, Nick Scampoli (Plaintiff) purchased a television set from Willie Wilson TV Appliances (Defendant). The sales ticket guaranteed ninety days’ free service and replacement of defective parts within the first year of purchase. After the television was delivered and set up, the television did not turn on properly. Defendant’s service representative visited the Plaintiff’s home and was unable to determine the source of the problem. He informed the Plaintiff’s daughter that he would need to remove the chassis from the cabinet and inspect it at his shop. Plaintiff’s daughter did not allow the service representative to take the chassis, and demanded a new set. Defendant refused to provide a new set, and Plaintiff sued for a return of the purchase price. The trial court granted the remedy of rescission and ordered Defendant to return the purchase price to Plaintiff. Defendant appealed, arguing that he had not breached the contract since he was denied the opportunity to repair the television set.
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