Haralambos Fekkos purchased from Lykins Sales & Service a Yammar Model 165D, 16-horsepower…

Haralambos
Fekkos purchased from Lykins Sales & Service a Yammar Model 165D,
16-horsepower diesel tractor and various implements. On Saturday, April 27,
Fekkos gave Lykins a check for the agreed-on purchase price, less trade-in, of
$6,596, and the items were delivered to his residence. The next day, while
attempting to use the tractor for the first time, Fekkos discovered it was
defective. The defects included a dead battery requiring jump starts,
overheating while pulling either the mower or tiller, missing safety shields
over the muffler and the power takeoff, and a missing water pump.
»

Haralambos
Fekkos purchased from Lykins Sales & Service a Yammar Model 165D,
16-horsepower diesel tractor and various implements. On Saturday, April 27,
Fekkos gave Lykins a check for the agreed-on purchase price, less trade-in, of
$6,596, and the items were delivered to his residence. The next day, while
attempting to use the tractor for the first time, Fekkos discovered it was
defective. The defects included a dead battery requiring jump starts,
overheating while pulling either the mower or tiller, missing safety shields
over the muffler and the power takeoff, and a missing water pump. On Monday,
Fekkos contacted Lykins’s sales representative who believed his claims to be
true and agreed to have the tractor picked up from Fekkos’s residence; Fekkos
also stopped payment on his check. Fekkos placed the tractor with the tiller
attached in his front yard as near as possible to the front door without
driving it onto the landscaped area closest to the house. Fekkos left the
tractor on the lawn because his driveway was broken up for renovation and his
garage was inaccessible, and because the tractor would have to be jump-started
by Lykins’s employees when they picked it up. On Tuesday, Fekkos went back to
Lykins’s store to purchase an Allis-Chalmers tractor and reminded Lykins’s
employees that the Yammar tractor had not been picked up and remained on his
lawn. On Wednesday, May 1, at 6:00 A.M., Fekkos discovered that the tractor was
missing although the tiller had been unhitched and remained in the yard. Later
that day, Lykins picked up the remaining implements. The theft was reported to
the police. On several occasions, Fekkos was assured that Lykins’s insurance
would cover the stolen tractor, that it was Lykins’s fault for not picking it
up, and that Fekkos had nothing to worry about. However, Lykins subsequently
brought suit against Fekkos to recover the purchase price of the Yammar
tractor. Was Fekkos liable for the purchase price of the tractor that had been
rejected and was stolen while awaiting pickup by the seller?

»

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