Lawwly

Johnson v. General Motors Corp. Chevrolet Motor Division

Kansas Supreme Court

668 P.2d 139 (1983)

Relevant factsFree

John and Joan Johnson (plaintiffs) bought a new Chevrolet truck from General Motors Corporation (GMC) (defendant) for $4,202.10 after a trade-in, but experienced ongoing mechanical trouble almost immediately despite repeated repair attempts; they revoked acceptance about seven weeks later and sought a full refund, which GMC refused. The Johnsons sued to enforce the revocation but continued driving the truck 14,619 miles while the suit was pending; GMC introduced a Federal Highway Administration guide estimating ownership costs at 33.2 cents per mile for a similar truck, and the trial court allowed revocation but granted GMC a $4,702.94 setoff for the Johnsons' continued use, without awarding prejudgment interest, prompting the Johnsons' appeal.

IssueFree

Whether a buyer who revokes acceptance of a sale and then continues to use the goods is liable for the reasonable value of that use.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases