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This section contains the nature of the case and procedural background.

P and D agreed to the sale of jewelry. A memorandum of sale was prepared and signed by both parties. It stated that P was purchasing Indian jewelry for $500.00, but if it was unacceptable, P could return it at his option for a refund of $440.00. The memo was silent as to the amount of time P had to return the items. The court allowed D to testify to a contemporaneous oral agreement that the jewelry had to be returned by the following Monday. Since P did not contact D until that next Wednesday D refused to refund the $440.00 when P indicated the jewelry was unacceptable.

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