Keen v. Modern Trailer Sales, Inc.
Court of Appeals of Colorado
578 P.2d 668 (1978)
Charles and Shirley Keen (plaintiffs) bought a mobile home from Modern Trailer Sales (defendant) after telling a salesman they wanted a 14-by-70-foot home; the salesman confirmed that size, even though he knew the actual trailer was shorter, and Modern's own title application later listed it as 14 by 70 feet. Within a month of delivery, the Keens discovered the home was actually only 64 feet long. The Keens sued, and the trial court found Modern had breached the contract but denied damages, reasoning the shortfall didn't substantially impair the home's value to the Keens because they continued living in it. The Keens appealed.
Whether, under the Uniform Commercial Code, a buyer may revoke his acceptance of nonconforming goods if the nonconformity substantially impairs the value of the goods to the buyer.