Worldwide RV Sales _ Services v. Brooks CaseBrief

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					In the case of Worldwide RV Sales & Service v. Brooks 534 N.E.2d 1132 (Ind.App. 3 Dist. 1989), Brooks bought an RV and specified two air conditioners. When he came to pick up the vehicle, it only had one, and that one was misplaced. He refused to accept delivery. Worldwide offered to add a 2nd air conditioner, but this would leave a large hole in the roof of the RV.

The Court held that Brooks' refusal was proper under UCC § 2-601 because it did not meet specifications, and that that Worldwide's offer to fix the vehicle did not meet the UCC § 2508 standard of making a conforming delivery. If they had offered to give Brooks a completely new RV, that would probably have met the UCC § 2-508 standard.


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