Kyle

General Motors Acceptance Corp. v. Kyle

Caution
1960 Cal. LEXIS 151·4 Cal. Rptr. 496·54 Cal. 2d 101·351 P.2d 768
Supreme Court of CaliforniaMay 10, 1960L. A. 25786California4,576 words

Opinion

Opinion

Schauer, J.

Plaintiff General Motors Acceptance Corporation (hereinafter called GMAC) appeals from a judgment for defendant Kyle in the sum of $2,643, the value of an automobile, on Kyle’s counterclaim in GMAC’s action for specific recovery of the vehicle or its market value. Kyle was the defaulting purchaser of the automobile under a contract of conditional sale with Milliken Chevrolet, Inc. Such contract did not comply with the requirements of subdivision (a) of section 2982 of the Civil Code. The seller assigned the conditional sale contract to GMAC. Disposition of GMAC’s appeal turns upon the legislative purpose in regulating conditional sales of motor vehicles by section 2982. As we said when we first considered subdivision (a) of the section in Carter v. Seaboard Finance Co. (1949), 33 Cal.2d 564 , 573 [ 203 P.2d 758 ], its “obvious purpose” is “to protect purchasers of motor vehicles against excessive charges by requiring full disclosure of all items of cost.” As shown by subsequent decisions hereinafter discussed, such subdivision (a) is not intended to penalize the seller who violates it in the respects here concerned, or the assignee of such a seller, nor should such subdivision (a)…

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