Emery v. Weed
Pennsylvania Superior Court
494 A.2d 438 (1985)
- Written by Rich Walter, JD
Facts
Robert Emery, Jr. (the son) contracted to buy a Corvette from a dealership owned by Vaughn Weed (defendant). The contract identified the car by serial number. After the son signed the contract, Weed removed the Corvette from the showroom and covered and locked the parked car. The son had almost completed making installment payments on the car when someone stole the car from Weed’s parking lot. The son died 10 days later. As administrator of his son’s estate, Robert Emery, Sr. (Emery) (plaintiff) asked Weed to refund the son’s car payments. Weed refused to do so and offered to replace the stolen Corvette with an identical model in the same color. Emery sued under Pennsylvania’s version of Uniform Commercial Code (UCC) § 2-613. The trial court ruled that the Corvette’s total loss avoided the contract, and the court entered judgment for Emery. Weed appealed to the Pennsylvania Superior Court.
Rule of Law
Issue
Holding and Reasoning (Spaeth, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
