Schneider v. Miller
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| Schneider v. Miller | |
| Court | Court of Appeals of Ohio, Hancock County |
|---|---|
| Citation | 73 Ohio App. 3d 335 597 N.E.2d 175 (1991) |
| Date decided | 1991 |
Facts
Plaintiff bought a 1966 Chevrolet Impala SS from defendant’s used car lot. He took the car for a test drive, and then asked the defendant about a squeaking noise in the car, which he said was because the brakes needed replaced. They negotiated a price of $2,580 for the car and plaintiff signed a contracts indicating that the car was sold “as is.” The plaintiff later took the car to a repair shop and found that the frame was rusted and the car was hardly attached to the frame. He demanded that the contract be rescinded, and defendant refused.
Procedural History
Trial court judgment entered for the defendant.
Issues
Whether a signed document stating that a car is to be sold “as is” makes plain that there is to be no implied warranty.
Judgment
Judgment for the defendant affirmed
Reasons
“Sold as is” when posted on a used car means just that; to rule otherwise would make it meaningless and create a new body of law as to what words need be published and what words need to be said or not said in order to sell something without a warranty.
