Johnson v. General Motors Corp. v. Chevrolet Motor Division

668 P.2d 139 (1983)

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Nature of the Case

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Facts

Johnson (P) bought a Silverado truck and traded in his 1979 pickup and paid $4,202.10 in cash in exchange for the new truck. The total cost of the new truck was $11,119.65. P got a limited warranty from GMC (D). Problems with the new truck appeared immediately. The accelerator stuck in wide-open position while the truck was in traffic on the trip home from taking delivery. A substantial amount of oil leaked from the truck and the truck was repaired, but problems continued. On November 30, 1980, P sought to revoke acceptance of the truck and return it for a refund of the purchase price. That offer was refused by D, and more repairs were made under warranty during the time after revocation and prior to trial. P sued D on March 2, 1981, and the court found that P’s revocation was justified. The court held a second hearing to determine the setoff amount that should be awarded D because of P’s continued use of the truck after revocation. D got a setoff of $4,702.94. The balance of the purchase price was to be refunded to P. This appeal resulted over the award of the setoff for use of the truck after revocation of acceptance.