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Commercial Law Keyed to Zierdt, 1st Ed.
Rester v. Morrow
Citation:
491 So. 2d 204 (1986)Facts
Norman Rester purchased a demonstrator 1981 Renault from Tommy Morrow A.M.C. for $8,800 in April 1981. The car came with a 12-month/12,000-mile warranty. Almost immediately, Rester began experiencing problems with the vehicle, including a piece of chrome trim falling off, hazard lights activating the radio, gasoline odors, air conditioner leaks, and a non-functioning oil indicator gauge. Over the next five months, Rester took the car for repairs five or six times, but problems persisted or new ones emerged. These included electrical issues causing the car to die completely on two occasions, requiring battery replacement and towing. After driving approximately 11,000 miles, Rester returned the car to the dealer in September 1981, refusing to accept it when he observed that several promised repairs had not been completed. He subsequently purchased another vehicle and filed suit seeking to revoke his acceptance.
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