Question: Pittsley contracted with Hilton Contract Co to install carpeting at
Pittsley contracted with Hilton Contract Co. to install carpeting at her home for a price of $ 4,400, of which $ 700 was paid to the installers. Pittsley complained to Hilton about poor installation. After Hilton fixed the installation, Pittsley was still not happy but refused to allow Hilton to return to try again. Instead, she sued for rescission of the contract and for the return of the $ 3,400 she had previously paid on the contract plus damages. Hilton countersued for the balance due. The lower court judge would not allow rescission, claiming that the breach was not material and awarded her $ 400 in damages for the poor installation but ordered her to pay the balance due on the rug. Do you agree with the judge’s decision.
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