From our private database of 35,400+ case briefs...
McCullough v. Bill Swad Chrysler-Plymouth, Inc.
Ohio Supreme Court
5 Ohio St. 3d 181, 449 N.E.2d 1289 (1983)
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
Holding and Reasoning (Locher, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 617,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.