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Transcontinental Refrigeration Co. v. Figgins

Supreme Court of Montana

585 P.2d 1301 (1978)

Relevant factsFree

Figgins (plaintiff) ordered gravity-coil refrigerated display cases but Transcontinental (defendant) substituted air-circulation coolers, assuring they'd work; the coolers dehydrated fresh meat abnormally fast from installation, and though Figgins's attorney sent an October 6 letter claiming replacement cases had already been ordered (Figgins actually didn't order them until November 1), Transcontinental attempted only one fix (installing condensation pans, suggested by the manufacturer) without ever sending a representative to inspect, and the underlying air-circulation design proved inherently unsuitable for fresh meat storage; Figgins replaced the coolers and rescinded the contract, and the trial court ruled for him.

IssueFree

Whether, under the UCC, a seller has the right to attempt to cure defective goods indefinitely.

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