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Wednesday, November 7, 2007

Dissatisfied with Fridge, Man Sues Sears

This story from The Southeast Texas Record:

Dissatisfied with a bum refrigerator, John Violette has filed suit against Sears Holding Corp. Violette claims the fridge he bought from a Port Arthur Sears last year has never worked properly.

Violette's suit was filed with the Jefferson County District Court on Nov. 2.

According to his petition, Violette purchased the refrigerator at the Port Arthur Sears on March 5, 2006. Sears delivered the refrigerator and "negligently serviced and/or installed" the appliance.

"In exchange for defendant's products and services, plaintiff agreed to compensate defendant with monetary payment," the suit said. "Defendant has failed to provide a refrigerator that meets the terms of plaintiff and defendant's agreement. Defendant has not fulfilled its obligations under the terms of the agreement."

The suit goes on to allege that Sears' conduct includes fraud, negligence, gross negligence, negligent misrepresentation, breach of contract, breach of warranty and breach of fiduciary duty.

"Plaintiff further alleges that if he does not have a cause of action for breach of contract, that plaintiff is entitled to recover under quantum meruit and promissory estoppel," the suit said.

Quantum meruit is a Latin phrase meaning "as much as he has deserved." In the context of contract law, it means "reasonable value of services."

The doctrine of promissory estoppel prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise and acted upon it.

Violette is suing for expectancy, reliance and restitution damages, plus punitive damages.

[Meredith R. Miller]

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