Pelc v. Simmons

620 N.E.2d 12 (1993)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was looking for a used car. They saw D's car, a 1978 Pontiac Sunbird, sitting on a used car lot. On the Sunbird was a sign: 'sold as is.' When questioned about the card D stated that he had rebuilt the engine because the timing chain 'went out.' D further stated, 'The only thing that's wrong with it is the air conditioning,' which needed the compressor charged. The next day, P purchased D's vehicle. Several days later smoke was coming out 'really bad,' and a compression check revealed that each cylinder would hold only approximately 60 pounds of pressure rather than the 95 to 98 pounds of pressure that a properly functioning cylinder should hold. Air was blowing out of the tray case, coming through the carburetor, and coming out the intake. In its present condition, the vehicle was worth $200 for parts. The vehicle is drivable, but it would have to be refilled with four quarts of oil daily. P paid $1,600 for the Sunbird and operated it for two weeks during which time she checked the oil daily because Simmons told Henson the engine had been rebuilt and to check the oil. Between the time she bought the car and July 15 when she added oil, she had driven the Sunbird 103 miles. P sued D. The court awarded judgment to P and D appealed.