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Ex Parte Stem

571 So. 2d 1112 (1990)

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Ex Parte Stem

Alabama Supreme Court

571 So. 2d 1112 (1990)

Facts

William Stem (plaintiff) needed a car to transport his child. Stem bought a used BMW from Gary Braden (defendant), who said he thought the car was in good condition. Within two weeks, Stem learned that the car was composed of the front of one wrecked BMW welded to the rear of an earlier model, that neither the oil sensor nor the speedometer worked, and that the mileage was higher than what he had been led to believe. Stem promptly informed Braden that he would rescind the sale. However, Stem went on driving the vehicle. Stem filed suit against Braden seven months later, by which time he had added 9,000 miles to the car’s mileage. The trial court ordered Braden to repay Stem’s purchase price, with interest. Braden appealed, and the intermediate appellate court reversed on the grounds that Stem accepted the car by continuing to drive it. Stem appealed to the Alabama Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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