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Unformatted text preview: Cameron Hartman 11/12/09 Seat #59 PITTSLEY v. HOUSER Facts: The Plaintiff, Jane Pittsley, contracted with the defendant, Donald Houser, who was doing business as Hilton Contract Co. (Hilton), to install carpet in Pittsleys home. The total pre- negotiated contract price was $4,402. From that sum, Hilton paid the installers $700 to put the carpet in Pittsleys home. Following installation, Pittsley complained to Hilton that the installation was faulty in several respects. Hilton attempted to fix the installation but was unable to satisfy Pittsley. Eventually, Pittsley refused any further efforts to fix the carpet. Pittsley then sued for rescission of the contract and return of the $3,500 she had paid previously paid on the contract plus incidental damages. Hilton counterclaimed for the balance due on the contract. History: The magistrate determined that the breach was not so material as to justify rescission...
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This note was uploaded on 09/17/2011 for the course BLAW 300 taught by Professor King during the Spring '11 term at University of Phoenix.
- Spring '11