Viennese Melody, Inc. v. Majestic Refrigerator Corp.

Defendant installed an air conditioning system in plaintiff’s restaurant with the understanding that it was to be in good working order. Part of the purchase price was paid in advance and plaintiff agreed to make deferred payments of the balance.

*244Notwithstanding that defendant for approximately a year after the installation endeavored on numerous occasions to have the cooling system function, it did not succeed in doing so. To avoid a loss in its restaurant "business, plaintiff finally called in another air conditioning firm which made extensive repairs and replacements.

In its complaint the…