Marvin contends that it did not learn of the decay until late 1997 when the area distributor contacted Marvin regarding the decay.


4
In 1998, Marvin sent Roy Holthusen to inspect the windows. The inspection showed that 56 windows had either "obvious decay" or "incipient decay." In March 1998, Marvin sent the Neuhoffs a letter promising to replace 33 windows for free. Several weeks later, after inquiring about the remaining windows, the Neuhoffs claim that Marvin's agent, Greg Muirhead, orally informed them that the remaining windows would be replaced for free, but that Marvin could not replace them yet due to production problems. In 1999, Marvin replaced 33 of the windows that were in the most advanced state of decay.


5
In June 2000, the Neuhoffs contacted Marvin again because the windows33 windows.


15
The only effort expended by the Neuhoffs that related specifically to Muirhead's alleged oral promise to replace the remaining defective windows was effort relating to allowing a second inspector to view the defective windows. This action was taken as a result of the Neuhoffs' agent contacting Marvin in 2000 complaining of further window deterioration. It was not an action that could serve as consideration for Muirhead's oral promise made years earlier. Further, any actions taken by the Neuhoffs were actions that they would have taken regardless of the alleged promise. Since the Neuhoffs did not do anything which they were privileged not to do in relation to Muirhead's promise, the Neuhoffs' actions do not constitute consideration.


16
The Neuhoffs lastly claim that the benefit to Marvin's reputation by agreeing