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Robert J. Fortin v. Ox-Bow Marina, Inc.

557 N.E. 2d 1157 (1990)

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Robert J. Fortin v. Ox-Bow Marina, Inc.

Massachusetts Supreme Judicial Court

557 N.E. 2d 1157 (1990)

Facts

Robert and Marine Fortin (plaintiffs) purchased a Bayliner powerboat from Ox-Bow Marina, Incorporated (Ox-Bow) (defendant). The Bayliner needed a lot of work when it was delivered to Ox-Bow prior to the closing of the sale. The Fortins identified many defects with respect to the Bayliner when they inspected the boat prior to closing. Ox-Bow assured the Fortins that all defects would be cured by closing in May. At closing, the Bayliner was still not prepared for boating season or cured of defects. Ox-Bow assured the Fortins that the Bayliner would be ready shortly. The Fortins agreed to close on the sale of the Bayliner to avoid interest and storage fees from Ox-Bow. The Bayliner was delivered to Hyannis, Massachusetts, one month after closing. Many defects had not been repaired. The Bayliner was dirty and in poor condition when the Fortins accepted the boat and paid additional fees and charges upon its delivery. The Fortins encountered several problems on their first outing—most notably, one of the engines overheated. The Fortins notified Ox-Bow of the problems with the engine and other components immediately. The Fortins and Ox-Bow spent the rest of the summer dealing with repairs and problems with the Bayliner. In September, Ox-Bow used a truck to pick up the Bayliner to bring it in for repairs. Many defects were still not repaired. In October, the Fortins notified Ox-Bow that they were revoking their acceptance of the Bayliner. The Fortins sued for a refund of their purchase price and reimbursement for expenses related to the Bayliner. The trial court judge found that the Fortins had effectively revoked acceptance of the Bayliner. Ox-Bow appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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