Lykins Oil Co. v. Fekkos

The facts of this matter are not in dispute. On April 20, 1985, defendant, Haralambos Fekkos, purchased from plaintiff, Lykins Oil Company, d.b.a. Lykins Sales & Service, a Yammar Model 165D, 16 horsepower diesel tractor and various implements. The price of these less trade-in was $6,596.

On Saturday, April 27, 1985, defendant issued his personal check for that amount, and the items were delivered to defendant’s residence. On Sunday, April 28, 1985, the defendant, when attempting to use the tractor for the first time, discovered it to be defective. Defects included a dead battery requiring…