Lee v. Air Care, Inc.

The Lees purchased from appellee Air Care a gas air conditioner manufactured by and expressly guaranteed against defects by the Whirlpool Corporation. After numerous service calls failed to correct the continuous difficulty they had with its operation, appellants sued appellee Air Care for breach of its implied warranty of merchantability of the equipment it had sold them.

The trial court after hearing testimony and taking evidence found that:

pursuant to D.C.Code 1973, § 28:2-314 there was an implied warranty on the part of Air Care of “marketability” of the equipment it had sold appellants…