Logourl black
From our private database of 13,000+ case briefs...

Schneider v. Miller

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


Facts

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.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Bryant, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. 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. Read more about Quimbee.

Here's why 129,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 177 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.