Ballas v. Spolyar

THREADGILL, Judge.

The trial court entered a final summary judgment against the appellant/buyer on his complaint for recision and damages for breach of contract arising out of the delivery of alleged inferior Christmas trees. The court also entered final summary judgment in favor of the appellee/seller on a *1169counterclaim for the balance due under the contract. The trial court found that the appellant/buyer neither rejected the trees nor revoked his acceptance. Upon review, we conclude there are genuine issues of material fact concerning whether the appellant/buyer rejected the defective trees…