McCullough v. Bill Swad Chrysler-Plymouth, Inc.

5 Ohio St. 3d 181, 449 N.E.2d 1289 (1983)

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McCullough v. Bill Swad Chrysler-Plymouth, Inc.

Ohio Supreme Court
5 Ohio St. 3d 181, 449 N.E.2d 1289 (1983)

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Facts

Deborah McCullough (plaintiff) got a loan to buy a car from Bill Swad Chrysler-Plymouth, Inc. (Swad) (defendant). Over the next several months, the car had multiple issues, and McCullough kept taking the car back to Swad for repairs. Swad not only did not fix the problems, but the car seemed to develop new issues while Swad was working on it. Ultimately, McCullough sent Swad a letter about rescinding the purchase. McCullough demanded that Swad return the full purchase price, plus reimburse McCullough for expenses she incurred attempting fix the car. McCullough asked Swad when and where to return the car. Swad did not respond. McCullough kept driving the car but also sued Swad for rescission of the purchase contract. Swad’s successor kept trying to fix the car. At the time of trial, the car had almost 35,000 miles on it, and McCullough had put 23,000 of those miles on the car after sending the letter to Swad. The trial court ordered Swad to accept the return of the car and pay McCullough roughly $9,000. Swad appealed.

Rule of Law

Issue

Holding and Reasoning (Locher, J.)

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