Gappelberg v. Landrum

STOREY, Justice.

This is a sale of goods case under the Uniform Commercial Code presenting the novel question of the duration of the right to cure after acceptance of goods without knowledge of any defects. The seller, Landrum, contends that the right to cure by replacement outlasts the buyer’s right to revoke acceptance of the original, defective goods. We conclude that there is a right to cure by replacement apart from the right to repair the original product and that this right survives the substantial impairment of the value of the original good as long as the right is asserted within a…