Pinnacle Energy, L.L.C. v. Price

Catherine and Otis Price (defendants) contracted to buy windows and doors from Pinnacle Energy (plaintiff) but refused installation on delivery day, having repeatedly tried beforehand to reach Pinnacle to cancel; when Pinnacle sued for breach, the Prices argued the contract violated Delaware's Home Solicitation Sales Act because it lacked a conspicuous, differently-colored cancellation notice as required, and Pinnacle could not produce the signed cancellation form it claimed existed. The trial court found the contract failed to comply with the Act's requirement that cancellation instructions appear in a conspicuous ink color distinct from the rest of the contract, and turned to the appropriate remedy.