South Dakota Supreme Court
Ehlers, Respondent v. Chrysler Motor Corporation, Appellant
February 21, 197588 S.D. 612
Summary
The court affirmed a jury verdict for the buyer in a breach-of-warranty action involving an automobile with multiple defects. It held that the buyer's letter was admissible to prove timely statutory notice, that conflicting evidence regarding odometer tampering properly precluded a directed verdict, and that Chrysler's failure to repair caused the exclusive repair remedy to fail of its essential purpose, permitting broader damages. The court also held that the $3,500 award was not flagrantly excessive and that the trial court did not abuse its discretion. WOLLMAN, Justice, concurring in part and dissenting in part, agreed that the breach finding should stand but would have ordered a new trial on damages.