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Johnson v. Earnhardt’s Gilbert Dodge, Inc.

Arizona Supreme Court
132 P.3d 825 (2006)


Brenda Johnson (plaintiff) bought a car from Earnhardt’s Gilbert Dodge, Inc. (Earnhardt) (defendant). As part of the same transaction, Johnson, through Earnhardt, bought a service contract from DaimlerChrysler. The service contract contained language indicating that only DaimlerChrysler and Johnson were parties to the contract. However, in the application for the service contract, Earnhardt promised to provide service to Johnson under the contract that DaimlerChrysler would ultimately issue. Johnson had several mechanical problems with the car and attempted to return it to Earnhardt under the service contract. Earnhardt declined Johnson’s attempt, telling her that she should address her request to DaimlerChrysler. Johnson sued Earnhardt seeking to enforce the contract. Johnson submitted an affidavit stating that Earnhardt had told her that she could bring the car to Earnhardt for service under the contract, and that the service warranty was a joint DaimlerChrysler-Earnhardt warranty. The superior court granted Earnhardt’s motion for summary judgment, finding that Earnhardt was not a party to the service contract. The court of appeals reversed. Earnhardt appealed.

Rule of Law


Holding and Reasoning (Ryan, J.)

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