Smith v. Leader Lincoln-Mercury, Inc.

Stolz, Judge.

Appellant Smith purchased a $9,000 automobile from Leader Lincoln-Mercury which was to have a dark green vinyl top. The car that defendant Leader delivered to Smith had a white top which had been sprayed green. Smith complained about the roof and Leader replaced it with a factory-made green vinyl roof. Since Smith was still dissatisfied, Leader replaced the roof again. Smith claims that he was still dissatisfied, although he admits that he kept the car for over a year, driving it about 12,000 miles, without notifying the car dealer of his dissatisfaction. Smith then traded in the…