Manouchehri v. Heim

941 P.2d 978 (1997)

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Nature of the Case

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Facts

Heim (D) sold Manouchehri (P) a used x-ray machine. P paid with a check for $1900 on which he wrote at the top 'guaranteed to work (install Continental 100-100 x-ray) without limitation' and wrote on the memo line 'purchase and installation of Continental 100-100 x-ray.' D signed his name on the front of the check after P read the notations to him. P eventually realized that the machine was performing as a 100/60 machine and was sufficient only for x-rays of small children and thin people. P eventually sued D. P obtained judgment in the amount of $4400. Of the total, $1900 was for direct contract damages, and $2500 was for consequential damages. D appealed.