Max Barnett Furniture Co. v. Kritikos

The mere recital of the unquestioned facts leaves no doubt in my mind that the judgment should be amended to the extent of allowing Plaintiff to recover the $300.00 sale price of the sofa-lounge.

Mrs. Catherine W. Stewart, a friend of Mrs. Kritikos, accompanied her to Plaintiff’s retail furniture store and was with her during the entire transaction. She testified the sofa was dirty and advised Mrs. Kritikos to purchase it “as is” for $300.00, reduced from its original selling price of $349.00. The sofa was admittedly a floor sample, demonstrator, shop-worn, Pullman sofa-lounge, used by…