Martin v. Sheffer

LEWIS, Judge.

In December of 1987 Daniel Martin and John Duke contracted with J&S Distributors, Inc. to purchase a KIS Magnum Speed printer for $17,000.00. The parties agreed that Martin and Duke would send one-half of the money as a deposit and would pay the balance upon delivery. On 28 December 1987 the KIS machine arrived in Georgia but Duke and Martin refused to accept it, stating that the delivery was five days late and they had purchased a substitute machine elsewhere. The plaintiffs requested return of their deposit and were refused.

On 6 September 1988 Duke and Martin sued Jeff Sheffer…