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Carrier v. McLlarky

693 A.2d 76 (1997)

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Carrier v. McLlarky

New Hampshire Supreme Court

693 A.2d 76 (1997)

Facts

Bruce M. McLlarky d/b/a Assured Plumbing & Heating (McLlarky) (defendant) replaced a water heater in the home of Janet Carrier (plaintiff). McLlarky told Carrier he believed the existing unit, which was approximately four years old, was under warranty, and he would try to get a credit from the manufacturer for her. McLlarky gave Carrier an invoice indicating a warranty credit might be available and took the old water heater to a supplier who returned it to the manufacturer. Carrier inquired about the status of the credit multiple times, and each time McLlarky told her he would transmit the refund when he received it. McLlarky never guaranteed that Carrier would receive a refund. Rather, McLlarky promised to try to get one and to remit it to Carrier if he was successful. A supplier stated in a letter that McLlarky had acted in normal manner and had done what would be expected in not providing a credit to Carrier until he received it from the manufacturer. A supplier also indicated by letter that Carrier’s water heater was, in fact, out of warranty. When McLlarky failed to secure a credit for Carrier, she sued him in small claims court and obtained a judgment against him.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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