Brooks v. Midas-International Corp.

Plaintiffs appeal from the dismissal of those counts of its amended complaint which alleged a class action. The sole issue on appeal is whether the amended complaint sets forth facts sufficient to maintain a class action suit.

Plaintiff Brooks’ counts of the amended complaint alleged that, although defendant guarantees that a replacement muffler will be installed for only an installation charge, 1 defendant actually charges for replacement of parts such as clamps, hangers and pipes associated with the muffler system.

On July 7, 1971, plaintiff Brooks drove his automobile to a Midas Muffler Shop…