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James Shellton is an experienced musician who operates the University Music Center at UW-Stout. On Saturday, Barbara Farkas and her 22-year-old daughter, Penny, went to Mr. Shellton's store to look at violins. Penny has been studying violin in college for approximately 9 months. Mrs. Farkas and Penny advised Mr. Shellton of the price range of which they were interested, and Penny told him she was relying on his expertise. He selected a violin for $368.09, including case and sales tax. Mr. Shellton claimed that the instrument was originally priced at $465 but that he discounted it because Mrs. Farkas was willing to take it on an "as is" basis. Mrs. Farkas and Penny alleged that Mr. Shellton represented that the violin was "the best" and a "perfect violin for you" and that it was of high quality. Mrs. Farkas paid for it by check. On the following, Monday, Penny took the violin to her college music teacher who immediately told her that it had poor tone and a crack in the body and that it was not the right instrument for her. Mrs. Farkas telephoned Mr. Shellton and asked for a refund. He refused, saying that she had purchased and accepted the violin on an "as is" basis. Had Mrs. Farkas "accepted" the violin so that it was too late for her to reject it?

Argue for James Shelton

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