No. 872 Pittsburgh, 1980, Appeal from the Order of Court of July 14, 1980, Erie County, Civil Division, No. 1893-A-1978.
Cygne L. Nemir, Erie, for appellant.
Joseph T. Messina, Erie, for appellee.
Cavanaugh, Cirillo and Johnson, JJ.
[ 297 Pa. Super. Page 394]
Appellant (Purchaser) filed an action in assumpsit against Appellee (Vendor) for damages of $8,876.00, plus attorney's fees under the Consumer Product Warranties Act.*fn1 Appellant alleged a breach of a warranty of merchantability on a
[ 297 Pa. Super. Page 395]
jeep that he purchased from Appellee.*fn2 Appellant also alleged that he had revoked his acceptance of the jeep.*fn3
The court, sitting without a jury, found that a breach of warranty had occurred. As damages for the breach of warranty, the court relieved Appellant of his obligation to pay the remaining portion ($4,777.82) of the purchase price due under the installment sales contract.
Because Appellant had driven the jeep more than 26,000 miles in fifteen (15) months before he returned it to Appellee,
[ 297 Pa. Super. Page 396]
the trial court rejected the theory that Appellant had revoked acceptance. Also, the court denied Appellant ...