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MERCEDES-BENZ v. NORMAN GERSHMAN'S

596 A.2d 1358 (1991)

MERCEDES-BENZ OF NORTH AMERICA INC., and I.G. Burton and Company, Inc., Defendants Below-Appellants and Cross-Appellees, v. NORMAN GERSHMAN'S THINGS TO WEAR, INC., Plaintiff Below-Appellee and Cross-Appellant.

Supreme Court of Delaware.

Decided: August 2, 1991.

As Revised: August 6, 1991.

Attorney(s) appearing for the Case

Joseph M. Bernstein, Wilmington, for appellant Mercedes-Benz of North America Inc.

N. Maxson Terry, Jr. of Terry, Jackson, Terry & Wright, Dover, for appellant I.G. Burton and Co., Inc.

Christopher J. Curtin of Sawyer & Akin, P.A., Wilmington, for plaintiff Norman Gershman's Things to Wear, Inc.

Before HORSEY, MOORE and WALSH, JJ.

HORSEY, Justice:

This suit for breach of warranty arises out of a car dealer and distributor's refusal to refund to purchaser the car's original purchase price and purchaser's refusal to accept the dealer and distributor's second "engine replacement" twenty-two months and 22,000 miles later.

In February 1984, plaintiff, "Norman Gershman's Things to Wear, Inc.," through Norman Gershman ("Gershman"), purchased for...

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