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Cuchine v. H.O. Bell, Inc.

682 P.2d 723 (1984)

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Cuchine v. H.O. Bell, Inc.

Montana Supreme Court

682 P.2d 723 (1984)

Facts

Timothy Cuchine (plaintiff) bought a truck from H.O. Bell, Inc. (Bell) (defendant) under an installment contract. Bell assigned its interest in the contract to the Ford Motor Credit Company (Credit) (defendant). When Cuchine began to have problems with the truck, Cuchine took the truck to Bell for repairs. When Bell could not repair the truck, Cuchine left the truck with Bell, stopped paying under the installment contract, and sued both Bell and Credit for breach of both the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Cuchine asked the trial court to rescind or revoke the contract. Credit acknowledged that it was the assignee of the contract, but it filed a counterclaim against Cuchine to recover the missed payments under the contract. Credit also reassigned its interest in the contract back to Bell. Then Credit asked the trial court to dismiss Cuchine’s claims against Credit. The trial court dismissed the case against Credit. Cuchine appealed, arguing that the contract stated that an assignee of Bell would be subject to the same claims and defenses that Cuchine could assert against Bell.

Rule of Law

Issue

Holding and Reasoning (Sheehy, J.)

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