On a beautiful Saturday in October, Francie decides to take the twenty-mile ride from her home in New Jersey into New York City to do some shopping.
Francie finds that Brown's Retail Sales, Inc., has a terrific sale on televisions and decides to surprise her husband with a new HDTV. She purchases the set from Brown's on her Visa card for $1,450.
When the set is delivered, Francie discovers that it does not work. Brown's refuses to repair or replace it or to credit Francie's account. Francie therefore refuses to pay Visa for the television. Visa brings a suit against Francie. Will Visa prevail? Why?