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Gappelberg v. Landrum

666 S.W.2d 88 (1984)

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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

Issue

Holding and Reasoning (Kilgarlin, J.)

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