Keller v. Inland Metals All Weather Conditioning, Inc.

Because I believe the Court is misapplying the provisions of the UCC, I respectfully dissent from section C.l of the Court’s opinion.

The Court relies on Section 28-2-713 of the Idaho Code to conclude that the Kellers, who rightfully rejected a 7¡¿-ton dehumidifier because it did not accomplish the warranted purposes for which they had contracted with Inland Metals, are entitled only to incidental and consequential damages and are not entitled to the value of the difference between the contract price of that 7/6-ton dehumidifier and the market price of one that would have accomplished the…