The plaintiff purchased a swim spa from the defendant dealer, which was manufactured and distributed by the other defendants.
The plaintiff withheld $2,000 of the purchase price, claiming the installation was incomplete and the spa was defective and not fit for his intended purpose of a chlorine-free exercise environment.
The plaintiff sued for breach of contract and breach of implied warranties under the Sale of Goods Act.
The court dismissed the plaintiff's action, finding he unilaterally terminated the contract by preventing the dealer from completing the installation, and that the spa's subsequent breakdowns were likely due to the plaintiff's improper maintenance and winterization.
The court granted the dealer's counterclaim for the unpaid $1,800 balance.
