Johnson v. General Motors Corp. Chevrolet Motor Division
Kansas Supreme Court
668 P.2d 139 (1983)
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.
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.