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Prousi v. Cruisers Division of KCS International, Inc.

United States District Court for the Eastern District of Pennsylvania

975 F.Supp. 768 (1997)

Relevant factsFree

Prousi's (plaintiff) yacht warranty from Cruisers (defendant) required repairs to be performed by the New Jersey dealer where he bought it, but after Prousi reported mechanical problems while sailing to Maryland, Cruisers sent replacement parts and offered to reimburse repairs performed there instead of insisting he return to the dealer; when a later-discovered engine rust problem led Prousi to sue for breach of warranty, Cruisers moved for summary judgment arguing Prousi never satisfied the dealer-repair condition precedent.

IssueFree

Whether a party may be excused from a contractual condition when the counterparty waives that condition.

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