(DOWNLOAD) "Michael J. Verbillis and Debra L" by Court of Appeals of Idaho No. 14684 ~ Book PDF Kindle ePub Free
eBook details
- Title: Michael J. Verbillis and Debra L
- Author : Court of Appeals of Idaho No. 14684
- Release Date : January 16, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The proprietors of an appliance store have appealed a judgment in favor of consumers who sued for the malfunction of a food freezer. The consumers, Michael and Debra Verbillis, claimed that the malfunction occurred when a compressor installed by the store, and expressly warranted for one year, failed less than four months later. The store, Dependable Appliance, denied the claim and broadly alleged that if the compressor had failed, it was due to the consumers' contributory fault or to the fault of unnamed third parties who supplied the compressor. A magistrate entered summary judgment for the consumers and the district court upheld the judgment. We affirm. The sole question on appeal is whether the record discloses a genuine issue concerning the existence of a defect in the compressor. The facts pertinent to this question are undisputed. After the lawsuit was filed, an independent repairman examined the freezer and compressor. In a cursory report, he stated, Compressor [is] stuck, winding check good. Leak in lines, oil loss bad. The consumers moved for summary judgment and filed an affidavit incorporating the repairman's report. The appliance store elected to stand on its general denial.
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