Saber v. Dan Angelone Chevrolet, Inc.

In February 1990, George Saber (plaintiff) purchased a used 1985 Chevrolet Corvette from Dan Angelone Chevrolet, Inc. (Angelone) (defendant) for $14,900. The Corvette was red, had an automatic transmission, and had 34,744 miles on it. Subsequently, due to some mechanical problems that the car experienced, Saber researched the car’s history and title. The Corvette’s original title application described the car as being black in color and having a manual transmission. Saber notified the state police. Lieutenant Joseph Costa examined the Corvette and discovered some discrepancies. The window plate that contained the vehicle identification number (VIN) was blistered and painted over, and the plate’s VIN did not match the identification numbers on the car’s frame, engine, and transmission. Further, a window sticker that should have contained the VIN was missing. The Corvette also had an extra part that had been manufactured one year after the car was supposedly manufactured. Costa believed that some of the car parts were stolen. Thereafter, state police impounded the Corvette and conducted an investigation. The investigation revealed that the Corvette was not stolen and did not contain stolen parts. The Corvette had been destroyed by a fire to a “total loss,” rebuilt using parts from various other cars, and repainted. Saber was neither informed nor aware of the Corvette’s history when he purchased the car. Saber sued Angelone, alleging a breach of warranty of title, among other claims. As of trial, the Corvette was still impounded. The trial court determined that Angelone breached the warranty of title owed to Saber because the Corvette had been impounded by police. Angelone appealed.