Peckham v. Larsen Chevrolet-Buick-Oldsmobile, Inc.

SHEPARD, Chief Justice.

This is an appeal from a summary judgment in an action by plaintiff-appellant John Peckham seeking a rescission of a contract under which he had purchased a new automobile from the defendant-respondents Larsen Chevrolet and General Motors. Summary judgment was entered in favor of defendants. We reverse on the basis that genuine issues of material fact remain for resolution.

Although the action was brought for “rescission,” we treat it as one for revocation of acceptance under the Uniform Commercial Code. Peckham asserts that the action is not one for rejection of goods…