Neuhof v. Marvin Lumber And Cedar Company

370 F.3d 197 (1st Cir. 2004)

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Nature of the Case

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Facts

Ps purchased and installed sixty windows manufactured by D. Three years later, P noticed that many of the windows were decaying and notified Simon Hickman, the contractor who installed the windows, of the decay. D contends that it did not learn of the decay until late two years later when the area distributor contacted D regarding the decay. An inspection showed that 56 windows had either 'obvious decay' or 'incipient decay.' In March 1998, D sent Ps a letter promising to replace 33 windows for free. Ps also claim that D's agent, Greg Muirhead, orally informed them that the remaining windows would be replaced for free, but that D could not replace them yet due to production problems. In 1999, D replaced 33 of the windows that were in the most advanced state of decay. In June 2000, D sent another inspector who concluded that 21 windows, including four of the newly installed windows, had obvious decay. In June 2000, D sent another inspector who concluded that 21 windows, including four of the newly installed windows, had obvious decay. In January 2001, D told Ps they could purchase replacement windows at a 32% discount. D would not replace them for free. Ps filed suit in July 2001. D moved for summary judgment, and it was granted. Ps appealed.