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Schneider v. Miller

Ohio Court of Appeals
597 N.E.2d 175 (1991)


Schneider (plaintiff) visited the used car lot owned by Miller (defendant). Schneider test drove a car and, upon returning to the lot, asked Miller about a squeaking sound. Miller told Schneider that the brakes needed to be replaced, the trunk would need to be repaired, and that the engine would need to be rebuilt. The parties negotiated and settled on a price. Schneider signed a bill of sale for the car acknowledging that the car was sold “as is,” with no warranty. Schneider took the car to a repair shop to have the brakes and trunk repaired. It was discovered that the frame was rusted and Schneider deemed the car not safe to drive. Schneider attempted to return the car for the full purchase price, but Miller refused. Schneider filed suit for breach of warranty and violation of Ohio’s Consumer Protection Act (CPA), among other claims. After a bench trial, the trial court entered judgment in favor of Miller on the breach of warranty claim because the car was sold “as is,” without any warranty. The trial court also denied Schneider’s claim that Miller had engaged in unfair and deceptive practices under the CPA. Schneider appealed to the Court of Appeals of Ohio.

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