GAPPELBERG v. LANDRUM

No. 05-82-00575-CV.

654 S.W.2d 549 (1983)

Nathan GAPPELBERG, Appellant, v. Neely LANDRUM d/b/a the Video Station, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 1, 1983.


Attorney(s) appearing for the Case

Rodney Gappelberg, Wilson, Berry, Jorgenson & Fuqua, Dallas, for appellant.

Charles W. Pauly, Shank, Irwin, Conant & Williamson, Dallas, for appellee.

Before STOREY, GUILLOT and STEWART, JJ.


STOREY, Justice.

This is a sale of goods case under the Uniform Commercial Code presenting the novel question of the duration of the right to cure after acceptance of goods without knowledge of any defects. The seller, Landrum, contends that the right to cure by replacement outlasts the buyer's right to revoke acceptance of the original, defective goods. We conclude that there is a right to cure by replacement apart from the right to repair the original product and...

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