Gasque v. Mooers Motor Car Co., Inc.

313 S.E.2d 384, 227 Va. 154 (1984)

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Gasque v. Mooers Motor Car Co., Inc.

Virginia Supreme Court
313 S.E.2d 384, 227 Va. 154 (1984)

  • Written by Heather Whittemore, JD

Facts

On February 21, 1979, Patricia E. and Earl L. Gasque (plaintiffs) purchased a new car from Mooers Motor Car Co, Inc. (Mooers) (defendant). Between the purchase date and September 19, 1979, the Gasques had driven the car for 5,400 miles and had returned the car to Mooers seven times for repairs of various issues. On September 19, 1979, the Gasques wrote a letter to Mooers demanding a refund for the car or a replacement car. Mooers refused the demand. The Gasques continued to drive the car until they purchased a new vehicle in November 1979, at which point the car had been driven 8,000 miles. In January 1980 the Gasques filed a lawsuit in state court against Mooers, seeking to revoke their acceptance of the car and either be refunded the purchase price or given a replacement car. The trial court held that the Gasques did not have a right to revoke their acceptance of the car. The trial court reasoned that the value of the car to the Gasques had not been substantially impaired because the car remained drivable despite its various issues. The trial court also held that the Gasques failed to revoke their acceptance within a reasonable time. The Gasques appealed.

Rule of Law

Issue

Holding and Reasoning (Russell, J.)

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