Lawwly

Gappelberg v. Landrum

Texas Supreme Court

666 S.W.2d 88 (1984)

Relevant factsFree

Nathan Gappelberg (plaintiff) bought a big-screen television from Neely Landrum, doing business as The Video Station (defendant), and after the screen turned out damaged, Landrum made repeated failed repair attempts before Gappelberg finally refused further repairs and demanded Landrum take the television back; Landrum offered a replacement television instead, but Gappelberg insisted on a full refund and sued when refused. The trial court denied Gappelberg relief because he had refused Landrum's replacement offer, and an appellate court held Landrum retained the right to offer a replacement even after Gappelberg's rejection, prompting Gappelberg's further appeal.

IssueFree

Whether a seller retains the right to repair or replace defective goods after the buyer has rightfully rejected or revoked acceptance of those goods.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases