ILNews

No cash refund required for defective chest of drawers, COA rules

Marilyn Odendahl
September 30, 2013
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Although the Indiana Court of Appeals noted that the adage “buyer beware” did not apply, it still found that a customer who discovered a defect in a piece of furniture after purchase was not entitled to a cash refund.

The Court of Appeals concluded the trial court erred in ordering Trisler to reimburse Carter for the purchase price in Tom Trisler d/b/a/ Canal House Antiques v. Clayton L. Carter, 35A02-1302-SC-192.

Carter demanded a refund after he found nails sticking out the back of a chest of drawers he had bought from Canal House Antiques. Trisler offered Carter a store credit instead.

Small Claims Court issued a judgment for Carter in the amount of $170 plus court costs of $92. Trisler appealed, asserting Carter was not entitled to a refund because there was not an expressed or implied warranty requiring the store to return the purchase price.

In considering Trisler’s argument, the Court of Appeals found it relied on caveat emptor, or buyer beware. However, the COA stated the appropriate guide for settling the issue was the Indiana Uniform Commercial Code.

On the basis of the U.C.C., the Court of Appeals ruled Carter did not buy the bureau on the assumption that any defect would be fixed. Carter made no allegation that Trisler prevented him from inspecting the chest of drawers in the store and Carter found the nails only while he was cleaning the piece of furniture.

Consequently, the Court of Appeals held that the U.C.C. does not apply to allow Carter to revoke his acceptance of the chest of drawers and be paid a cash refund.   
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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