City Nat. Bank of Charleston v. Wells
In City Nat. Bank of Charleston v. Wells, 181 W.Va. 763, 384 S.E.2d 374 (1989), Leonard Wells bought a new Toyota truck from Bud Young Toyota, Inc. which was protected by a twelve month/12,500-mile warranty.
Almost immediately, the engine began to miss and the truck emitted heavy, blue smoke when driven uphill. Mr. Wells returned the truck several times to the dealership for repairs. The problem was not corrected and Mr. Wells took the truck to another dealership, Tag Galyean Imports, for repairs.
Tag Galyean was also unable to correct the smoke emissions. After being told that the truck would not be repaired in the near future, Mr. Wells advised the bank that he intended to cease payments on the truck.
The bank finally repossessed the truck and sold it and instituted proceedings against Mr. Wells to collect the deficiency. Mr. Wells filed "a third-party complaint against Toyota, Mid-Atlantic, and the defendant, seeking cancellation of the contract of sale and damages for breach of express and implied warranties under the Uniform Commercial Code (UCC), W.Va.Code, 46-2-101, et seq., and the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (Magnuson-Moss Act), 15 U.S.C. 2310 (1975)." Id., 181 W.Va. at 767-68, 384 S.E.2d at 378-79.