## Facts

- Catherine Price and Otis Price contracted to buy five windows and three doors to be installed at their home by Pinnacle Energy, L.L.C. (Pinnacle).
- On the scheduled delivery date, the Prices refused to allow Pinnacle to install the doors and windows.
- Pinnacle sued the Prices for breach of contract.
- At trial, the Prices testified they had tried numerous times before delivery to contact Pinnacle to communicate their desire to cancel.
- The Prices argued the contract was unenforceable because it violated the Delaware Home Solicitation Sales Act (the Act), 6 Del. C. §§ 4401–4405.
- Pinnacle responded that it never received notice of cancellation from the Prices.
- Pinnacle also claimed the contract complied with the Act because it contained a bold-print clause at the bottom informing buyers of the right to cancel and because a notice-of-cancellation form was attached.
- Pinnacle was unable to produce a copy of a cancellation form signed by the Prices.
- The Prices moved for a directed verdict after Pinnacle’s presentation of its case.

## Issues

1. Whether the contract satisfied 6 Del. C. § 4404(1) when it did not specify, in a conspicuous ink color, how the buyer could cancel the contract.
2. What remedy follows from the seller’s failure to meet the Act’s cancellation-notice requirement in a suit seeking damages for breach of the home-solicitation contract.

## Decision

- The trial court concluded the contract did not comply with 6 Del. C. § 4404(1).
- The court found the contract failed to specify, in a conspicuous ink color, how the buyer could cancel.
- The court considered the appropriate remedy based on Pinnacle’s failure to satisfy the Act’s cancellation-related requirement in the context of Pinnacle’s breach-of-contract claim.

## Legal Principles

- The Delaware Home Solicitation Sales Act imposes specific disclosure and form requirements for cancellation rights in home-solicitation sales.
- Under 6 Del. C. § 4404(1), a seller must provide cancellation information that includes the statutorily required presentation, including a conspicuous ink-color requirement for how to cancel.
- When a seller seeks to enforce a home-solicitation sales contract, the seller must show compliance with the Act’s cancellation-notice requirements.
- A seller’s inability to produce the buyer’s signed notice-of-cancellation form can support a finding that the seller failed to establish statutory compliance.

## Conclusion

In Pinnacle Energy, L.L.C. v. Price, the Delaware Court of Common Pleas held that the home-solicitation sales contract did not meet the Act’s cancellation-notice requirements because it did not specify, in a conspicuous ink color, how the Prices could cancel, and the court addressed the remedy for that noncompliance in Pinnacle’s breach-of-contract action.


Pinnacle Energy, L.L.C. v. Price, 2001 LEXIS 28 (2001)