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DAVID TROST v. PORRECO MOTORS (04/02/82)

filed: April 2, 1982.

DAVID TROST, APPELLANT,
v.
PORRECO MOTORS, INC.



No. 872 Pittsburgh, 1980, Appeal from the Order of Court of July 14, 1980, Erie County, Civil Division, No. 1893-A-1978.

COUNSEL

Cygne L. Nemir, Erie, for appellant.

Joseph T. Messina, Erie, for appellee.

Cavanaugh, Cirillo and Johnson, JJ.

Author: Johnson

[ 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 ...


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