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
When he came to pick up the
vehicle, it only had one, and that one was misplaced. He refused to
Worldwide offered to add a
second air conditioner, but this would leave a large hole in the roof of
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