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The Plaintiffs (Mr. and Mrs. Gulaah] claims arose out of a contract between the plaintih and the defendant, dated February 1?, 1969, for the sale
The Plaintiffs (Mr. and Mrs. Gulaah] claims arose out of a contract between the plaintih and the defendant, dated February 1?, 1969, for the sale and installation of a Stylarama \"Wavecrest\" above ground swimming pool. for the price of $3690. The pool was installed by the defendant in May 1969 at the plaintiffs' home. The plaintiff's claim that the pool was not of\" good quality. They sued under the theory that the defendant's breached implied warranty of merchantability which is provided under Article Two of the Uniform Commercial Code [UCC] The Pool had the following defects: (1} the vinyl liner was improperly installed; [2] there was inadequate support under the plywood deck, resulting in the deck being - uneven, unsteady, and dangerous to persona using the pool; {3) the aides of the pool were bowing out, and the 2\"): 4\" wooden supports were rotted. twisted and misaligned; ('4) the worla-nanahip of the installation of the 2\" x 4" members supporting the deck was defective; and (5] the swimming pool was. not level. a 7- The pool was not in usable condition and in May 197'3, at the plaintiffs' expense. 3:- The term of the contract between the plaintiffs and the defendantprovided that: )- The defendant would \"ttnish all labor and materials. description of Goods and Services below and to construct poo] fhrnieh and install swimming pool with vinyl liner. Complete with built in fence and stairs.\" I:- The contact dweribcs the transaction as a furnishing of labor and materials. )- There was an allocation, or price breakdown, in the contract between the labor and material involved in the completed installation, for a total of $3 690
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