MANOUCHEHRI V. HEIM
941 P.2d 978 (1997)
NATURE OF THE CASE: Heim (D) appealed a judgment, which awarded Manouchehri (P) damages
in P's action for breach of warranty arising from the sale of a used x-ray machine.
FACTS: Heim (D) sold Manouchehri (P) a used x-ray machine. P paid with a check for $1900
on which he wrote at the top 'guaranteed to work (install Continental 100-100 x-ray) without
limitation' and wrote on the memo line 'purchase and installation of Continental 100-100
x-ray.' D signed his name on the front of the check after P read the notations to him. P
eventually realized that the machine was performing as a 100/60 machine and was sufficient
only for x-rays of small children and thin people. P eventually sued D. P obtained judgment
in the amount of $4400. Of the total, $1900 was for direct contract damages and $2500 was
for consequential damages. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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