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Wilson v. Scampoli

228 A.2d 848 (D.C. App. 1967)

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Wilson v. Scampoli

District of Columbia Court of Appeals

228 A.2d 848 (D.C. App. 1967)

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Facts

On November 4, 1965, Nick Scampoli purchased a television set from Willie Wilson TV Appliances (Wilson). The sales ticket guaranteed ninety days’ free service and replacement of defective parts within the first year of purchase. After the television was delivered and set up, the television did not turn on properly. Wilson’s service representative visited the Scampoli’s home and was unable to determine the source of the problem. He informed the Scampoli’s daughter that he would need to remove the chassis from the cabinet and inspect it at his shop. Scampoli’s daughter did not allow the service representative to take the chassis, and demanded a new set. Wilson refused to provide a new set, and Scampoli sued for a return of the purchase price. The trial court granted the remedy of rescission and ordered Wilson to return the purchase price to Scampoli. Wilson appealed, arguing that he had not breached the contract since he was denied the opportunity to repair the television set.

Rule of Law

Issue

Holding and Reasoning (Myers, J.)

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