ORANGE MOTORS OF CORAL GABLES, INC., Appellant, v. DADE COUNTY DAIRIES, INC., a Florida corporation, Appellee, 258 So. 2d 319

Summary

Plaintiff buyer purchased a new jaguar from defendant seller and almost after delivery faced problems with the car. Plaintiff sued for cancellation and recission of the contract. The trial court found that the car failed to perform as represented by defendant or that defendant breached its warranty of merchantability. Defendant appealed, contending that the parties agreed to a remedy as a result of a written warranty, and plaintiff was foreclosed from recission under Fla. Stat. ch. 672.719. On appeal, the court affirmed, finding that there was a warranty of merchantability and that the defendant seller did not have an unlimited time for the performance of its obligation to replace and repair parts. The court held that the disclaimer pursuant to Fla. Stat. ch. 672.316(2) was ineffective because it was not conspicuous. The court, recognizing that the right to rescind does not arise from every breach of warranty, ruled that there had been substantial impairment of value to plaintiff buyer...