Clemente v. Department of Motor Vehicles

West Virginia Court of Claims

Clemente v. Department of Motor Vehicles

12 Ct. Cl. 48

CourtWest Virginia Court of Claims

DecidedDecember 12, 1977

DocketNo. CC-77-167

StatusPublished

This text of 12 Ct. Cl. 48 (Clemente v. Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clemente v. Department of Motor Vehicles, 12 Ct. Cl. 48 (W. Va. Super. Ct. 1977).

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Opinion

WALLACE, JUDGE:

The claimant, Sandra S. Clemente, filed this claim requesting a refund of the 5% tax paid to the respondent as a result of the purchase of a secondhand car from Rogers Motor Sales in Parkersburg, West Virginia. The claimant was not satisfied with the automobile, and the dealer refunded her money.

It is the opinion of this Court that, since by mutual agreement between the parties the sale was nullified and the claimant’s money refunded, the tax paid in the amount of $73.75 should be refunded to the claimant. Accordingly, an award in the sum of $73.75 should be, and is hereby, made.

Award of $73.75.

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WALLACE, JUDGE:

The claimant, Sandra S. Clemente, filed this claim requesting a refund of the 5% tax paid to the respondent as a result of the purchase of a secondhand car from Rogers Motor Sales in Parkersburg, West Virginia. The claimant was not satisfied with the automobile, and the dealer refunded her money.

It is the opinion of this Court that, since by mutual agreement between the parties the sale was nullified and the claimant’s money refunded, the tax paid in the amount of $73.75 should be refunded to the claimant. Accordingly, an award in the sum of $73.75 should be, and is hereby, made.

Award of $73.75.

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Bluebook (online)

12 Ct. Cl. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clemente-v-department-of-motor-vehicles-wvctcl-1977.