When Stewart refused, Smith Sued Stewart for breach of the warranty of merchantability. Should Smith recover? Explain


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When Stewart refused, Smith Sued Stewart for breach of the warranty of merchantability. Should Smith recover? Explain


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Stewart, a practicing dentist, sold his 42-foot Trojan yacht to Smith for $52,000. Three days after delivery of the boat, Smith notified Stewart that one of the boat’s fuel tanks was leaking and requested that the condition be remedied at Stewart’s expense. When Stewart refused, Smith Sued Stewart for breach of the warranty of merchantability. Should Smith recover? Explain.