Worldwide RV Sales & Service v. Brooks
534 N.E.2d 1132 (Ind.App. 3 Dist. 1989)
- Brooks bought a custom-built RV and specified in the contract that it must include 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 second air conditioner, but this would leave a large hole in the roof of the RV.
- Brooks refused to accept the RV. Worldwide sued.
- Brooks argued that the offered merchandise wasn’t what he specified, so he should not have to pay for it.
- Worldwide argued that they offered to fix the problem, and the RV would be substantially similar to what Brooks ordered, so he should have to accept it.
- The Court found for Brooks.
- The Court found that Brooks’ refusal was proper under UCC §2-601 because the RV did not meet specifications, and that that Worldwide’s offer to fix the vehicle did not meet the UCC §2-508 standard of making a conforming delivery.
- The Court noted that if Worldwide had offered to give Brooks a completely new RV, that would probably have met the UCC §2-508 standard.