Hassett v. Secor's Auto Center, Inc.

Citations

• 348 Conn. 416

Syllabus

Pursuant to the Uniform Commercial Code (§ 42a-2-711 (1)), a buyer who ''justifiably revokes acceptance'' of goods purchased from a seller may recover ''so much of the price as has been paid . . . .'' The plaintiff sought to recover damages from the defendant automobile dealership, S Co., in connection with S Co.'s sale of an allegedly defective, used motor vehicle. The plaintiff financed the majority of the purchase price through a loan with S Co., which agreed to provide a limited warranty on the vehicle. Shortly after the purchase, the plaintiff began to experience mechanical problems with the vehicle, and, when S Co. refused to make the costly, recommended repairs, the plaintiff sent a letter to S Co., in which she revoked her acceptance of the vehicle. The plaintiff thereafter brought the present action, alleging breach of warranty and revocation of acceptance pursuant to statute (§ 42a-2- 608). Specifically, the plaintiff alleged that she had notified S Co. of her intent to revoke acceptance of the vehicle and that S Co. had refused to accept its return or to refund to her so much of the purchase price as had been paid pursuant to § 42a-2-711 (1). After the presentation of evidence and closing argument, the parties' counsel agreed to the special verdict form the trial court would provide to the jury, as well as to the court's jury instructions, which set forth two divergent sets of directions as to how to calculate damages, depending on whether the plaintiff had proven her revocation of acceptance claim. The jury ultimately returned a verdict for the plaintiff, including on her revocation of acceptance claim, and awarded her $11,000 in damages, which was roughly equal to the amount the plaintiff had made in monthly payments to S Co. at the time of trial. The plaintiff subsequently moved for additur, requesting that the court order S Co. to remit to her the full purchase price of the vehicle, in addition to the $11,000 the jury had awarded. The trial court deni