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Gappelberg v. Landrum

Texas Court of Appeals

654 S.W.2d 549 (1984)

Relevant factsFree

Nathan Gappelberg (plaintiff) bought a big-screen television from Neely Landrum, doing business as The Video Station (defendant), and reported a damaged screen and other defects within days; Landrum's repairmen never fixed the recurring problems, and the television eventually stopped working entirely, prompting Gappelberg to notify Landrum he was revoking acceptance. Landrum offered a replacement television, but Gappelberg refused it and sued for damages; the trial court denied Gappelberg relief because he had refused the replacement offer, and Gappelberg appealed.

IssueFree

Whether a seller retains the right to replace defective goods with conforming goods within a reasonable time after a buyer has rejected or validly revoked acceptance of the original goods.

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