Schneider v. Miller
Ohio Court of Appeals
597 N.E.2d 175 (1991)
Schneider (plaintiff) test drove a used car at Miller's (defendant) lot and asked about a squeaking noise; Miller told him the brakes, trunk, and engine all needed work, and the two negotiated a price accordingly. Schneider signed a bill of sale acknowledging the car was sold "as is," with no warranty. After a repair shop discovered the frame was rusted and Schneider deemed the car unsafe, he tried to return it for a full refund, but Miller refused. Schneider sued for breach of warranty and violation of Ohio's Consumer Protection Act; the trial court ruled for Miller on both claims, and Schneider appealed.
Whether a party to a contract can rely upon an implied warranty when that warranty has been expressly disclaimed in the contract.