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GAPPELBERG v. LANDRUM

No. C-2389.

666 S.W.2d 88 (1984)

Nathan GAPPELBERG, Petitioner, v. Neely LANDRUM d/b/a The Video Station, Respondent.

Supreme Court of Texas.

Rehearing Denied April 11, 1984.

Attorney(s) appearing for the Case

Wilson, Berry, Jorgenson & Fugua, Rodney Gappelberg, Dallas, for petitioner.

Shank, Irwin & Conant, Charles W. Pauley, Jay Brandt and Rose M. Murphy, Dallas, for respondent.

KILGARLIN, Justice.

This case presents an issue previously undecided in Texas, or for that matter, any other American jurisdiction. Under the Uniform Commercial Code, does the seller have the right to cure a substantial defect by making a replacement of the product after the buyer has revoked acceptance?

On September 5, 1980, Petitioner, Nathan Gappelberg, purchased a large screen Advent television set from Respondent, Neely Landrum, doing business as The...

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