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Contracts Keyed to Marshall
Hibschman Pontiac, Inc. v. Batchelor
Citation:362 N.E.2d 845 (1977)
Prior to buying the Pontiac GTO automobile involved in this case, Batchelor inquired of the salesman, the service manager and the vice president as to the quality of Hibschman Pontiac’s service department, as it was important that any deficiencies in the car be corrected. The salesman and the service manager responded that the service department at Hibschman Pontiac was above average. When Batchelor picked up his new car he discovered several problems with it. Batchelor testified that he had taken the car in for repairs five times before he had owned it a month but that the defects had not been corrected. Batchelor had appealed to Jim Hibschman on several occasions to take care of his car. Hibschman replied that he realized the repairs were not effected properly but that Hibschman Pontiac would “do everything to get you happy.”
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