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Gappelberg v. Landrum

Texas Supreme Court
666 S.W.2d 88 (1984)


Facts

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, and Landrum began a series of failed attempts to fix the television. Eventually, Gappelberg refused further attempts at repair and told Landrum to take the television back. Landrum offered Gappelberg a replacement television, but Gappelberg demanded a full refund instead. Gappelberg sued Landrum for damages. The trial court denied relief to Gappelberg because Gappelberg refused Landrum’s offer of a replacement television. On appeal, the court held that Landrum had the right to provide Gappelberg with a replacement television even after Gappelberg had rejected the television. Gappelberg appealed to the Texas Supreme Court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Kilgarlin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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