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Consumer Law Keyed to Pridgen, 5th Ed.
Chmill v. Friendly Ford-Mercury of Janesville, Inc.
Citation:
424 N.W.2d 747, 144 Wis. 2d. 796 (1988)Facts
On November 26, 1983, Leonard and Ruth Chmill purchased a demonstrator 1984 Ford Tempo from Friendly Ford-Mercury of Janesville, Inc., with a new-car warranty expiring May 4, 1984, at 12,000 miles. Immediately upon driving home, Mrs. Chmill discovered the vehicle pulled to the left. Between the purchase date and April 2, 1984, the Chmills reported the pulling problem to Friendly Ford on at least five occasions and left the vehicle for repair. In December 1984, they received a recall notice concerning rear wheel alignment and presented the vehicle for repair on December 10, 1984. Friendly Ford’s service manager allegedly told the Chmills the vehicle should be replaced or repurchased as it was defective and could not be repaired. The Chmills sought relief from the Ford Consumer Appeals Board on December 8, 1984, and commenced litigation on July 15, 1985. By the final trial date of June 27, 1986, the Chmills had driven the vehicle 78,000 miles. An experienced car salesman testified that the pulling defect substantially reduced the vehicle’s value below the purchase price.
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