Mary Head vs Phillips Camper Sales & Rental Inc
Feb 12, 1999OUTCOME: Plaintiff was prevailing party
Breach of Warranty, Revocation under the UCC. Plaintiff purchased a new camper trailer, which turned out to be defective. Manufacturer and dealer breached express written and implied warranties in that ... they were unable to repair the trailer under the warranty. Defective condition of trailer substantially impaired the value of the trailer to the plaintiff. Plaintiff revoked acceptance. Defense was that plaintiff did not give manufacturer or dealer an opportunity to attempt repair after revocation. Held: In a case of first impression, there is no right to cure or attempt to cure the non-conforming goods once revocation has occurred.
