NEUHOF V. MARVIN LUMBER AND CEDAR COMPANY 370 F.3d 197 (1st Cir. 2004) CASE BRIEF

NEUHOF V. MARVIN LUMBER AND CEDAR COMPANY

370 F.3d 197 (1st Cir. 2004)

NATURE OF THE CASE: Neuhoff (P) appealed a summary judgment for Marvin (D) in P's action for breach of an oral contract, breach of implied warranty, violation of Mass. Gen. Laws ch. 93A, and promissory estoppel, arising from a promise to replace defective windows.

FACTS: Ps purchased and installed sixty windows manufactured by D. Three years later, P noticed that many of the windows were decaying and notified Simon Hickman, the contractor who installed the windows, of the decay. D contends that it did not learn of the decay until late two years later when the area distributor contacted D regarding the decay. An inspection showed that 56 windows had either 'obvious decay' or 'incipient decay.' In March 1998, D sent Ps a letter promising to replace 33 windows for free. Ps also claim that D's agent, Greg Muirhead, orally informed them that the remaining windows would be replaced for free, but that D could not replace them yet due to production problems. In 1999, D replaced 33 of the windows that were in the most advanced state of decay. In June 2000, D sent another inspector who concluded that 21 windows, including four of the newly installed windows, had obvious decay. In June 2000, D sent another inspector who concluded that 21 windows, including four of the newly installed windows, had obvious decay. In January 2001, D told Ps they could purchase replacement windows at a 32% discount. D would not replace them for free. Ps filed suit in July 2001. D moved for summary judgment and it was granted. Ps appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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