Vista St. Clair, Inc. v. Landry's Commercial Furnishings, Inc.

643 P.2d 1378 (1982)

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Vista St. Clair, Inc. v. Landry’s Commercial Furnishings, Inc.

Oregon Court of Appeals
643 P.2d 1378 (1982)

JW

Facts

Vista St. Clair, Inc. (Vista) (plaintiff) owned an apartment building. Vista bought carpet for two floors of the building from Landry’s Commercial Furnishings, Inc. (Landry’s) (defendant) for about $8,500. Within six months of the carpet installation, however, the carpet developed a number of dark spots that looked like mud stains. The color issue was from a manufacturing defect. Vista talked to Landry’s about fixing the problem or replacing the carpet. These discussions continued for 3.5 years until Vista ultimately sued Landry’s for breach of warranty. Before the trial, Vista replaced the carpet for about $11,000. At trial, Vista’s president testified that the carpet Vista bought from Landry’s was not worth anything once it developed the discoloration. The trial court did not explicitly address the value of the defective carpet. However, the trial court ruled in favor of Vista, awarding it $2,500 in damages. Landry’s appealed.

Rule of Law

Issue

Holding and Reasoning (Gillette, J.)

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