Fitl v. Strek
Supreme Court of Nebraska
690 N.W.2d 605 (2005)
Relevant factsFree
James Fitl (plaintiff) bought a baseball card from Mark Strek (defendant) for $17,750, relying on Strek's representation that it was in near-mint condition, and immediately placed it in a safety deposit box. Nearly two years later, an appraisal revealed the card had been altered and was worthless; Fitl immediately notified Strek and sued. The district court found Fitl's notice was timely and entered judgment for him, and Strek appealed, arguing the two-year delay was unreasonable.
IssueFree
Whether a buyer must notify the seller of a breach regarding purchased goods within a reasonable time after discovering, or should have discovered, the breach, or else be barred from remedies for that breach.
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