Carlson v. Rysavy
South Dakota Supreme Court
262 N.W.2d 27 (S.D. 1978)
The Carlsons (plaintiffs) bought a mobile home from dealer Donald Rysavy and manufacturer Town & Country Mobile Homes (defendants), then discovered numerous serious defects on delivery — a defective heating system, water leaks, and inadequate insulation. After notifying the defendants, who failed to adequately cure the problems, the Carlsons sued for breach of warranty; a jury awarded them $9,000 against Town & Country, and Town & Country appealed.
Whether, where repairs of defects relating to the quality of goods will not adequately place an aggrieved party in the position he would have been absent breach, the party may recover the difference between the value of the goods as accepted and the value of the goods as warranted, as determined by market value.