Mercedes-Benz of North America Inc. v. Norman Gershman's Things to Wear, Inc.

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 $58,660 a new 1984 Mercedes-Benz 500 SEC from defendant, I.G. Burton & Co., Inc. (“Burton”), a franchised Mercedes-Benz Delaware dealer. Defendant, Mercedes-Benz of North America, Inc.…