Gappelberg v. Landrum

KILGARLIN, Justice.

This case presents an issue previously undecided in Texas, or for that matter, any other American jurisdiction. Under the Uniform Commercial Code, does the seller have the right to cure a substantial defect by making a replacement of the product after the buyer has revoked acceptance?

On September 5, 1980, Petitioner, Nathan Gappelberg, purchased a large screen Advent television set from Respondent, Neely Landrum, doing business as The Video Station. Gappelberg gave as consideration for the new set $2,231.25 cash and was allowed a $1,500 credit on the trade-in of his old…