Emery v. Weed

494 A.2d 438 (1985)

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Emery v. Weed

Pennsylvania Superior Court
494 A.2d 438 (1985)

RW

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.)

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