[Download] "Sam J. Santangelo and Roberta Santangelo" by Eastern District, Division Two Court of Appeals of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Sam J. Santangelo and Roberta Santangelo
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 09, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
GARY M. GAERTNER, Judge Appellants Sam and Roberta Santangelo appeal from a judgment notwithstanding the verdict issued after a jury verdict for them and against respondent, General Motors, in an action for breach of express warranty on an automobile purchased from one of respondent's dealerships. We affirm. The facts leading up to the breakdown of appellants' automobile are largely undisputed. Appellants purchased a light duty truck from respondent's dealership. Respondent expressly warranted that the vehicle would be free from any defects in material and workmanship for the first 12,000 miles or twelve months, whichever occurred first. While the auto was still under warranty, appellants brought it in for repairs five times with recurrent complaints of noisy brakes, high idling, and hesitation during acceleration. Each time respondent's dealer performed the work free of charge as per the warranty. The sixth time the auto was brought in for repairs, the same problems were complained of, and although the mileage on the car was over 12,000 miles, the dealer performed the requested repairs. Approximately six and one-half months later, with total mileage at 20,271 miles, the engine exploded rendering the vehicle immobile. Upon the vehicle's return to the dealer, service was refused on the grounds that the warranty was ineffective. Furthermore, the dealer declined to make any repairs to the vehicle pursuant to the extended service policy because its issuer was no longer in business.