BILLINGS YAMAHA v. RICK WARNER FORD

No. 18551.

681 P.2d 1276 (1984)

BILLINGS YAMAHA, Plaintiff and Respondent, v. RICK WARNER FORD, INC., a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

April 30, 1984.


Attorney(s) appearing for the Case

Robert Ryberg & Associates, Salt Lake City, for defendant and appellant.

Stephen Johnston, Salt Lake City, for plaintiff and respondent.


OAKS, Justice:

This is an action by the purchaser of an automobile against the dealer for rescission and damages because the car failed to perform as warranted. After a bench trial, the court found that defendant had breached its written warranty and gave the plaintiff judgment for $2,836 damages. Since we are unable to find any evidence in the record on the terms of the warranty, we reverse.

Plaintiff, a partnership, purchased a new 1976 Thunderbird from...

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