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Prousi v. Cruisers Division of KCS International, Inc.

United States District Court for the Eastern District of Pennsylvania
975 F.Supp. 768 (1997)


Andrew Prousi (plaintiff) purchased a yacht from Cruisers, a division of KCS International, Inc. (Cruisers) (defendant), from an authorized Cruisers dealer located in New Jersey. The yacht was under warranty by Cruisers. One of the warranty’s requirements was that customers have any repairs performed by the dealer where the yacht was purchased. Prousi sailed the yacht to Delaware and then to Maryland. Along the way, the boat had some minor mechanical problems. Prousi notified Cruisers of the problems, and Cruisers sent Prousi replacement parts. Cruisers additionally offered to reimburse Prousi for the repairs. A few months later, Prousi hired another mechanic to inspect the yacht’s engine. The mechanic found rust in the engine. Prousi notified Cruisers of the engine problem. Cruisers directed Prousi to the maker of the yacht’s engine, Crusader. Ten days later, Prousi sued Cruisers for breach of its warranty, alleging that Cruisers failed to repair or replace the yacht’s engine. Cruisers moved for summary judgment. Cruisers argued that Prousi failed to satisfy a condition precedent of the warranty, because Prousi did not return the yacht to the Cruisers authorized dealer in New Jersey to perform the repairs.

Rule of Law


Holding and Reasoning (Pollak)

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