Sunset Pools of St. Louis, Inc. v. Schaefer

AHRENS, Judge.

Plaintiff Sunset Pools of St. Louis, Inc. (seller) appeals the judgment of the trial court finding for defendant Paul Schaefer (purchaser) on seller’s petition and awarding purchaser $5,745.86 on purchaser’s counterclaim. We affirm in part and reverse and remand in part for retrial on the issue of damages.

Purchaser went to seller’s store to look at spas on display. Seller took purchaser back to the warehouse and showed purchaser a spa that was three years old and had been used as a display model. Purchaser agreed to buy the spa on a payment plan for $3,589.36 and arranged to…