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Contracts Keyed to Barnett
Schneider v. Miller
Citation:
73 Ohio App. 3d 335, 597 N.E.2d 175 (Ohio Ct. App. 1991)Facts
Schneider test drove a used car in Miller’s lot and decided to purchase it. He asked about the squeaky brakes. Miller said the brakes needed to be replaced, that the rusty truck needed to be repaired for $500, and that the engine might need to be rebuilt at some point. The parties agreed on $2,580, and Schneider made a down payment of $100.
The next day, Schneider returned to pay the remainder of the purchase price and signed two documents acknowledging that the car was being sold “as is” with no warranties. A day or two later, Schneider had the car repaired.
Less than two weeks later, Schneider wrote to Miller asking for a refund because the car’s underside was rusted to the point that the car was a “death trap.” Miller refused.
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