McCullough v. Bill Swad Chrysler-Plymouth, Inc.
Ohio Supreme Court
449 N.E.2d 1289 (1983)
Deborah McCullough (plaintiff) financed a car purchase from Bill Swad Chrysler-Plymouth (Swad) (defendant), but the car developed repeated problems, and Swad's repair attempts seemed to create new issues each time. McCullough sent Swad a letter rescinding the purchase and demanding a refund plus expenses, asking when and where to return the car; Swad never responded. McCullough kept driving the car while suing for rescission, and Swad's successor kept attempting repairs. By trial, the car had nearly 35,000 miles, with 23,000 of those added after McCullough's revocation letter. The trial court ordered Swad to take back the car and pay McCullough roughly $9,000, and Swad appealed.
Whether, under the Uniform Commercial Code, a buyer who revokes acceptance of goods may continue to use the goods if the use is reasonable.