Charney v. Ocean Pontiac, Inc.

The defendant, Ocean Pontiac, Inc., an automobile dealer, sold a new automobile manufactured by the defendant General Motors Corporation, to the plaintiff, Gisele Charney. In this action she claims damages from both defendants in three counts based on (1) breach of the implied warranty of merchantability, (2) rescission or revocation of acceptance, and (3) misrepresentation. In addition, *105each count of the declaration1 alleges a breach of an express warranty by both defendants that the automobile would be safe and free from defects. In a fourth count the plaintiff, Michael Charney, claims…