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Winter Snowmobiles Inc. had two snowmobiles for sale at the end of the snow season. The company advertised them in a local newspaper. While both

Winter Snowmobiles Inc. had two snowmobiles for sale at the end of the snow season. The company advertised them in a local newspaper. While both were current-year racing models, one was relatively new, being only used as a demonstrator. The second machine had been raced for most of the season and had seen some very hard use. At a local snow festival, the company had both machines on display. The racing machine was displayed on a raised platform with the numerous trophies that it had won. The other machine was displayed along with other models and equipment in the company display area. In response to the newspaper advertisement, a prospective purchaser called the company. He referred to the advertisement and asked if the advertised machines were still for sale. The company salesman said "yes" and added that one had seen some use as it had been raced during the season. The prospective purchaser then asked if the machine was the one that the company had in its display at the local winter festival. The salesman replied, "Yes." The prospective purchaser then offered to buy the machine for $8,000 and the salesman accepted his offer. The purchaser provided his credit card number to cover the purchase price. The company prepared the raced snowmobile for the customer and marked it with a "sold" label. Later that day, it sold the demonstrator model. The next day, the purchaser arrived to pick up the snowmobile, only to discover that it was the machine that had been raced, not the demonstrator. The purchaser demanded his money back, and when the company refused to do so, he instituted legal proceedings. Discuss the nature of the purchaser's claim and the arguments, of the parties. Render a decision.

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