Carlson v. Rysavy
South Dakota of Supreme Court
262 N.W.2d 27 (S.D. 1978)
The Carlsons (plaintiffs) viewed a mobile home at the mobile home factory of Town & Country Mobile Homes, Inc. (Town & Country) (defendant). The Carlsons purchased a similar mobile home from Donald Rysavy (defendant), a mobile homes dealer. Upon delivery, the Carlsons discovered myriad defects, including a defective heating system, leaking water, and inadequate insulation. The Carlsons gave the defendants notice of the defects, but the defendants did not adequately cure them. The Carlsons brought suit against the defendants for breach of warranty. The trial court submitted the case to the jury. The jury determined, among other things, that Town & Country was liable to the Carlsons for $9000. Town & Country appealed.
Rule of Law
Holding and Reasoning (Morgan, J.)
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