James Shelton is an experienced musician who operates the University Music Center in Seattle, Washington. On Saturday, Barbara Farkas and her 22-year-old daughter, Penny, went to Shelton's store to look at violins. Penny had been studying violin in college for approximately nine months. Mrs. Farkas and Penny advised Shelton of the price range in which they were interested, and Penny told him she was relying on his expertise. He selected a violin for $368.90, including case and sales tax. Shelton claimed that the instrument was originally priced at $465 but that he discounted it because Mrs. Farkas was willing to take it on an "as is" basis. Mrs. Farkas and Penny alleged that Shelton represented that the violin was "the best" and "a perfect violin for you" and that it was of high quality. Mrs. Farkas paid for it by check. On the following Monday, Penny took the violin to her college music teacher, who immediately told her that it had poor tone and a crack in the body and that it was not the right instrument for her. Mrs. Farkas telephoned Shelton and asked for a refund. He refused, saying that she had purchased and accepted the violin on an "as is" basis. Had Farkas "accepted" the violin so that it was too late for her to "reject" it?

  • CreatedJuly 16, 2014
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