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Since the seller wasnt given the appropriate ability

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Since the seller wasn’t given the appropriate ability to make the determination of the defect due to Mrs. Kolley’s immediate refusal, the TV was able to be returned. 22.2 // Furlong v. Alpha Chi Omega Sorority Facts : Alpha Chi Omega had an oral contract with Furlong to buy custom designed sweaters for a midnight masquerade. AXO had to pay a $2,000 down payment and $1,612 upon arrival. Furlong and AXO chairperson Emily spoke about the specifics of how the sweaters were to look. During the day before the delivery was due, Furlong’s supplier wanted to change the design, in which Furlong approved without agreeing with AXO. Upon delivery, Emily refused to accept the sweaters or pay the remainder. Furlong refused the return but instead offered to discount the sweaters, which AXO would still decline. Issue : Did Furlong breach the contract? Holding : Yes, the sweaters were able to be rescinded, and AXO was recovered the partial payment.
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Janine Nipal Rule of Law : The express warranty between Furlong and AXO were the specifics of the sweater via phone call, sample, and fax. Since this express warranty became part of the contract, Furlong was obligated to give the exact type of nonconforming goods to AXO. The goods failed to conform to the contract, and AXO gave a reasonable amount of time and inspection to return the sweaters, as the sorority never actually accepted the sweaters. 22.3 // Waddell v. L.V.R.V. Inc.
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