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AGWAY, INC. v. TEITSCHEID

No. 82-471.

472 A.2d 1250 (1984)

AGWAY, INC. v. Ralph TEITSCHEID and Ann Marie Teitscheid.

Supreme Court of Vermont.

January 20, 1984.

Attorney(s) appearing for the Case

William H. Meub and Olin R. McGill Jr. of Kelley & Meub, Ltd., Middlebury, for plaintiff-appellee.

Mark L. Sperry and James W. Swift of Langrock Sperry Parker & Wool, Middlebury, for defendants-appellants.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

UNDERWOOD, Justice.

Plaintiff, Agway, Inc., sued to recover the balance due and owing by defendants for carpeting it installed in defendants' home. Defendants, who had accepted the carpeting, alleged in their answer that it was defective and that plaintiff had breached its warranty of merchantability. The district court concluded defendants had not given timely notice of any such breach and entered judgment for the plaintiff in the amount of $1,154.25. Defendants...

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