Question: Highway Grading Contractors purchased a new back hoe from Construction Equipment Company, a firm that specialized in the sale of large, earth moving equipment.In the

Highway Grading Contractors purchased a new back hoe from Construction Equipment Company, a firm that specialized in the sale of large, earth moving equipment.In the six months following delivery, the back hoe experienced numerous breakdowns, both major and minor.The equipment was out of service on 12 occasions, usually for minor problems such as parts breakage.On six occasions, the breakdowns were serious and required major parts replacement, causing the back hoe to be out of service for several days.All of the repair work was done under warranty by the manufacturer's dealer, at no cost to Highway Grading Contractors.

At the end of the six months, on the thirteenth breakdown, Highway Grading Contractors left the back hoe with the dealer and demanded that the purchase price be returned.Construction Equipment Company Ltd. refused, and Highway Grading Contractors decided to take legal action against the seller for a return of the purchase price.

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