SCHNEIDER V. MILLER
73 Ohio App.3d 335, 597 N.E.2d 175 (1991)
NATURE OF THE CASE: This was a dispute over the sale of a car.
FACTS: Schneider (P) went to Miller's (D) business to purchase a 1966 Chevrolet Impala
SS. P asked about the squeaking noise in the car and D told him it was the brakes which
needed to be repaired. D also told P about the rust on the car and that the engine might
need to be rebuilt at some point in time. P agreed to pay D $2,580 with a down payment of
$100. The next day P returned and paid the purchase price and signed a document saying that
the car was being sold 'as is' and with no warranty. In just two weeks P wrote a letter to
rescind the contract; the entire underside the car was hardly attached to the frame because
the frame was rusted and that the car was not safe to drive and was a death trap. P sued and
the trial court gave the verdict to D because the car was sold 'as is' without a warranty. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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