FITZNER PONTIAC-BUICK-CADILLAC v. SMITH

No. 57901.

523 So.2d 324 (1988)

FITZNER PONTIAC-BUICK-CADILLAC, INC. v. Vertis B. SMITH.

Supreme Court of Mississippi.

April 13, 1988.


Attorney(s) appearing for the Case

Robert B. Prather, Columbus, for appellant.

J. Tyson Graham, Graham & Segrest, Columbus, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and ANDERSON, JJ.


ROBERTSON, Justice, for the court:

I.

This case is about Buyer's efforts to recover what he paid for a used car which he kept 291 days and never gave Seller a chance to fix. Conceding the car's not infrequent illnesses over that time to have rendered it nonmerchantable, the economic waste avoidance policy within our law still required that, as a prerequisite to revocation of acceptance, Buyer afford Seller a reasonable opportunity for cure. As Buyer did...

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