BARTUS V. RICCARDI
284 N.Y.S.2d 222 (1967)
NATURE OF THE CASE: This was an action for a breach of contract. Bartus (P), hearing aid
representative, filed suit against Riccardi (D) for the balance due on a contract, asserting
that the Uniform Commercial Code, U.C.C. 2-508, allowed him to cure a nonconforming tender
within the contract period.
FACTS: Riccardi (D) needed a hearing aid and was prescribed an A-660. D was told by
Bartus (P) that the A-660 had been improved and that D should purchase the improved model
A-665. After taking delivery of the A-665, D returned it complaining that it did not meet
his prescription. P then informed D that he would replace it with the model A-660 as
originally ordered. D refused to accept the replacement. P sued for the unpaid balance of
the contract for the A-665. P alleged that he had the right to cure even after the rejection
of the model as nonconforming.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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