Tuesday, December 3, 2013

Schneider v. Miller case brief

Schneider v. Miller case brief summary
597 N.E.2d 175 (1991)

Appellant buyer challenged the judgment, entered in Findlay Municipal Court (Ohio), in favor of appellee seller in the buyer's action for breach of warranty, fraud, and rescission of a contract for the sale and purchase of a used automobile.


  • In response to the buyer's argument that he was entitled to revocation of his acceptance of the car and to rescission of his contract to buy the car, the court observed that the contract clearly included a statement that the car was sold "as is" and that such a phrase was understood to mean, in ordinary commercial usage, that the buyer took the entire risk as to the quality of the car. 
  • Additionally, the court noted that the contract's integration clause effectively waived any implied warranties. 
  • The court found that the buyer produced no evidence on any conduct on the part of the seller that was a violation of Ohio's Consumer Practices Act, Ohio Rev. Code Ann. § 1345.03. 
  • Finally, the court identified the elements of common law fraud and misrepresentation and determined that there was no evidence of any statements or conduct on the part of the seller that could be construed as fraud or misrepresentation.

The buyer's assignments of error were overruled and the judgment of the municipal court was affirmed.

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