Murray v. Holiday Rambler, Inc.

265 N.W.2d 513 (1978)

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Nature of the Case

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Facts

Murray (P) purchased a motorhome from D. The sales document purported to exclude all warranties, express or implied. Problems with the purchase ensued such that it appeared for all intents and purposes that the vehicle could not be repaired because an insufficient gauge wire was used on the electrical system, that the wiring was not in conformity with applicable code and there was a danger of overheating the electrical system. The gas tanks were improperly vented, and it was extremely difficult to fill the gas tanks and gas fumes came into the passenger compartment. The vehicle would stall from problems related to the carburetor. Dirt and soldering flux were found in the fuel filter which was replaced as was the fuel pump. There were problems with the air suspension system, and the brakes did not work properly and many more problems. D never refused to attempt to fix any of the problems. P revoked acceptance and sued for consequential and incidental damages. The jury awarded P $2,500 for the loss of use from the date of revocation of acceptance. D appealed.