New furniture was delivered to the buyer, and it was badly damaged. The purchase
ID: 2445885 • Letter: N
Question
New furniture was delivered to the buyer, and it was badly damaged. The purchaser notified the furniture store of the damages, and the stores sent a representative to the buyer. The representative explained that the furniture could be repaired and restored. After hearing the details, the buyer refused and asked for her money back. The store refused, claiming that she had accepted the goods and was required to permit the seller to cure the defects. Who prevailed? [Clark v. Zaid, Inc., 263 Md. 127 (1971).]
Explanation / Answer
The store prevails as the store is accepting the claim for repair of goods and give the seller after cure of defects. According to sale of goods act when the seller agrees upon for rectification of damages in goods possessed by buyer and there so could be cured of defects, then in such case the buyer has no right to take back money paid informing defective goods. But however if the goods so delivered is totally defective and couldn't be repaired and restored, then the buyer has right to sue for the value of goods paid.