Davis v. Vintage Enterprises, Inc.
North Carolina Court of Appeals
209 S.E.2d 824 (1974)
- Written by John Reeves, JD
Facts
Ralph W. Davis (plaintiff) bought a mobile trailer from Colonial Mobile Homes, Inc. (Colonial Mobile), a subsidiary of Vintage Enterprises, Inc. (defendants). The contract required Colonial Mobile to deliver the trailer to Davis’s lot. Colonial Mobile was five days late in delivering the trailer, and Davis could not inspect it at that time because it was locked. Three weeks later, Colonial Mobile finally gave Davis the keys to enter the trailer and inspect it. Upon entering the trailer, Davis discovered numerous problems, including windows that would not shut and loose paneling. Davis did not want to move into the trailer after inspecting it, but because he had already given his landlord 30 days’ notice that he was moving, he had no choice. Whenever it rained, water seeped into the trailer and flooded the floors. Davis tried to contact Colonial Mobile on numerous occasions about the trailer’s condition, but Colonial Mobile never took his calls. Although Colonial Mobile sent out a representative to the trailer on several occasions, the representative never made any repairs. Davis then retained a lawyer who tendered a return of the trailer to Colonial Mobile and demanded Colonial Mobile either replace the trailer or refund the money Davis had paid for it. Colonial Mobile then sent several employees to the trailer to repair it, but Davis refused all repairs. Davis moved out of the trailer several months later. Davis then brought suit for breach of contract on the ground that he validly rejected the trailer. Although the trial court entered judgment in Davis’s favor, its opinion never addressed whether Davis had validly rejected the trailer. Davis appealed.
Rule of Law
Issue
Holding and Reasoning (Hedrick, J.)
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