Perfection Cut, Inc. v. Olsen

GARRARD, Judge.

In April 1983 Olsen purchased from Perfection Cut, Inc. a used vac/blower for one hundred seventy-five dollars ($175). When Olsen attempted to use the machine it lacked sufficient power to perform. He notified Perfection, but its agents denied any responsibility or liability. Olsen then brought suit and recovered judgment for $175 with the direction that upon payment of the judgment the vac/blower be returned to Perfection. Perfection contends the judgment is not sustained by the evidence.

At issue are two statements which were made as a part of the sale transaction. Perfection…