Wilk Paving, Inc. v. Southworth-Milton, Inc.

Allen, CJ.

Defendant Southworth-Milton, Inc., appeals from a judgment in favor of plaintiff, Wilk Paving, Inc., in the amount of the purchase price of an asphalt roller that plaintiff had purchased from defendant. After a bench trial, the court ruled that plaintiff was entitled to revoke acceptance and effectively had revoked acceptance under the Uniform Commercial Code (UCC), see 9A V.S.A. §§ 2-101 to 2-725 (Article 2, Sales). We affirm.

On October 10,1989, plaintiff purchased the roller, relying in part on representations in a brochure provided by defendant that the machine was versatile,…