Justice v. Lerner, Unpublished Decision (12-16-2003)

OPINION

{¶ 1} Plaintiff-appellant Mildred Justice appeals the decision of Mahoning County Court No. 2. The trial court granted judgment in favor of Justice in the amount of $1,068.20, $845 less than the amount requested. In resolving this appeal, we are faced with the following question: When a furniture store is unable to deliver half of a matching set of furniture, is the customer entitled to return the delivered furniture and receive a full refund of the purchase price? The trial court in essence answered that question in the negative. As we conclude otherwise for the reasons stated below,…