## Facts

- A buyer purchased a new color television from a retailer and paid the full price in cash.
- The sales ticket promised 90 days of free service and replacement of defective tubes and parts for one year.
- On delivery, the set produced a picture with a reddish tinge and did not function properly.
- The buyer’s daughter unplugged the set and did not use it after delivery.
- Within four days of purchase, the seller sent a service representative who worked for about an hour and concluded the set required shop work; he noted “Needs Shop Work (Red Screen).”
- The buyer’s daughter refused to allow removal of the chassis for shop diagnosis and repair, stating she wanted a brand-new set rather than a repaired one.
- The buyer demanded rescission and return of the purchase price while retaining the set; the seller refused a refund but offered to adjust or repair the set and, if it could not be made to work properly, to replace it.
- The buyer sued for rescission; the trial court ordered rescission and restitution (refund upon return of the set), and the seller appealed.

## Issues

1. Whether the initial delivery of a new television with a reddish picture established a breach of warranty entitling the buyer to rescind.
2. Whether a buyer who refuses reasonable inspection and repair may obtain rescission when the seller is willing to cure the nonconformity by repair and, if necessary, replacement.

## Decision

- The appellate court reversed the rescission order.
- Rescission was improper because the buyer refused to permit reasonable shop inspection and repair, denying the seller a fair opportunity to cure.
- On this record, the seller had not breached warranty in a manner justifying equitable rescission and restitution, given the seller’s prompt service response and continued willingness to repair or replace if repair failed.

## Legal Principles

- A buyer seeking rescission for breach of warranty must allow the seller a reasonable opportunity to cure a minor or potentially remediable nonconformity within a reasonable time.
- Cure may be accomplished through reasonable repair efforts, particularly for complex consumer goods where minor defects are commonly addressed by service.
- Refusal to permit reasonable inspection and repair can prevent proof of breach and can bar rescission when the seller stands ready to correct the defect and has not refused performance.
- Equitable rescission is not favored where the buyer unilaterally prevents performance of the seller’s contractual and legally recognized cure obligations.

## Conclusion

The court held that rescission and restitution were unavailable because the buyer, through his daughter, refused to allow reasonable shop diagnosis and repair, thereby preventing the seller from curing a potentially minor defect despite the seller’s prompt and continued offer to repair or, if necessary, replace the television.


Wilson v. Scampoli, 228 A.2d 848 (D.C. 1967)