The Ohio Court of Appeals has tossed out a $1,500 judgment stemming from the as-is sale of a 1985 Buick Somerset.
The court found no legal basis for the Montgomery County Court award against Phillips Motors, a used-car dealership near Eaton. The dealership's lawyer, H. Stev-en Hobbs of Lewisburg, said his client now will be able to repossess the car because buyer Barbara Pickens 'hasn't made the payments.'
Pickens bought the Som-erset for $1,800 in December 1996, with financing from the dealership. Because the Som-erset was not working at the time, Phillips let her use a different car for about a month until it was repaired.
When she picked her car up, she encountered mechanical problems and incurred towing and repair costs.
She filed a small-claims suit alleging breach of warranty and won $1,500 in damages. In its decision, the appeals court said there was no warranty because of the as-is provision in the used-vehicle order form.
The court also found no evidence Phillips had defrauded Pickens.