If that's the case he can return that one as well. The great thing about Apple is if there is an issue with your phone they will let you return it for another. Granted they even let some people when there is no real issue, but that's another matter.
I'm on my third swap and they were annoyed with me (this was a different store from the other two) and they told me they'd start denying me swaps because I've done it too much. What ********.