Da Eira v. National Furniture Liquidators

OPINION OF THE COURT

Edwin S. Shapiro, J.

After a trial before the court in this small claims action for the return of a deposit, I find and conclude as follows:

Plaintiff ordered a sofa, love seat, cocktail table and two end tables from the defendant in October 1984. The agreed price was $1,850 and plaintiff left a deposit of $500. The upholstered furniture was ordered from a catalogue and the fabric was selected from a color swatch book. Attempted delivery was made on November 10th. The sofa was in a damaged condition consisting of two holes in the rear and a rip underneath, and a glass top…