Gavce v. Penetti

BROWN, J.

This is an appeal from a judgment in favor of the plaintiffs in the sum of $518.80.

Plaintiffs operate a furniture store in Merced, handling heating and cooling equipment. On May 2, 1959, the defendant ordered a heat pump from plaintiffs, a heat pump being an electrical unit which is used for heating and cooling a

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building, operating entirely upon electricity. Plaintiffs received from their distributor, the Fresno Distributing Company, a crate labeled “Heat Pump,” which was taken from Merced to defendant’s home in Sonora on order by the defendant. This crate was mislabeled, indicating that it was a heat pump when, in fact, it was an air-conditioning unit.

Defendant paid $302 to Builders’ Sheet Metal Company for installing this unit in his house, which installation also included certain duct work. During the installation the defendant had trouble properly hooking the unit up and asked the plaintiffs for additional wiring instructions. When the unit was completely installed it was discovered for the first time that this was not a heat pump, but was an ordinary air-conditioning unit.

The defendant had paid the plaintiffs the sum of $618.80 for said unit and upon being unable to get the equipment to work properly and having discovered that the unit was not a heat pump, the defendant complained to the plaintiffs of this mistake. After much discussion, the plaintiffs refunded to defendant the sum of $618.80, on September 29, 1959.

Plaintiffs advised the defendant that Fresno Distributing Company would pick up the air conditioner, but this was not done.

The defendant having removed the air conditioner, installed a heat pump, which installation cost him $165. He was able to use the duet work which was put in for the original installation.

The original air conditioner remained in the garage of the defendant in Sonora, and the defendant finally sold the unit to a Mr. Olin Starnes for the sum of $300 in the fall or early winter of 1959, although there is some conflict in the record that the unit was sold to a Mr. Gill.

Due to the modifications which defendant had placed on the unit because of the fact that those installing the unit did not know that it was not a heat pump, it cost approximately $100 to put the air conditioner back in its original condition.