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Gappelberg v. Landrum

Texas Court of Appeals
654 S.W.2d 549 (1984)


Nathan Gappelberg (plaintiff) bought a big-screen television from Neely Landrum, who was doing business as The Video Station (defendant). Shortly after the sale, Gappelberg informed Landrum that the television screen was damaged. Gappelberg reported other defects over the next couple days. Landrum sent repairmen to fix the defects, but the television soon stopped working entirely. Landrum’s repairmen never fixed the television, and Gappelberg notified Landrum that the Gappelberg was revoking acceptance of the television. Landrum responded by offering Gappelberg a replacement television, but Gappelberg refused the replacement. Gappelberg sued Landrum for damages. The trial court denied relief to Gappelberg because Gappelberg refused Landrum’s offer of a replacement television. Gappelberg appealed.

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Holding and Reasoning (Storey, J.)

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