Haralambos Fekkos purchased from Lykins Sales & Service a Yammar Model 165D, 16-horsepower diesel tractor and various implements. On Saturday, April 27, Fekkos gave Lykins a check for the agreed-on purchase price, less trade-in of $6,596, and the items were delivered to his residence. The next day, while attempting to use the tractor for the first time, Fekkos discovered it was defective. The defects included a dead battery requiring jump starts, overheating while pulling either the mower or tiller, missing safety shields over the muffler and the power takeoff, and a missing water pump. On Monday, Fekkos contacted Lykins's sales representative, who believed his claims to be true and agreed to have the tractor picked up from Fekkos's residence; Fekkos also stopped payment on his check. Fekkos placed the tractor with the tiller attached in his front yard as near as possible to the front door without driving it onto the landscaped area closest to the house. Fekkos left the tractor on the lawn because his driveway was broken up for renovation and his garage was inaccessible, and because the tractor would have to be jumpstarted by Lykins's employees when they picked it up. On T uesday, Fekkos went back to Lykins's store to purchase an Allis-Chalmers tractor and reminded Lykins's employees that the Yammar tractor had not been picked up and remained on his lawn. On Wednesday, May 1, at 6:00 am, Fekkos discovered that the tractor was missing although the tiller had been unhitched and remained in the yard. Later that day, Lykins picked up the remaining implements.
The theft was reported to the police. On several occasions, Fekkos was assured that Lykins's insurance would cover the stolen tractor, that it was Lykins's fault for not picking it up, and that Fekkos had nothing to worry about. However, Lykins subsequently brought suit against Fekkos to recover the purchase price of the Yammar tractor. Was Fekkos liable for the purchase price of the tractor that had been rejected and was stolen while awaiting pickup by the seller?

  • CreatedJuly 16, 2014
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