Rosi v. Department of Motor Vehicles

West Virginia Court of Claims

Rosi v. Department of Motor Vehicles

12 Ct. Cl. 110

CourtWest Virginia Court of Claims

DecidedFebruary 10, 1978

DocketNo. CC-77-138

StatusPublished

This text of 12 Ct. Cl. 110 (Rosi 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

Rosi v. Department of Motor Vehicles, 12 Ct. Cl. 110 (W. Va. Super. Ct. 1978).

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Opinion

PER CURIAM:

This claim was submitted for decision upon the pleadings by agreement of the parties. The claimant purchased a 1977 Plymouth Volare automobile from Country Club Chrysler-Plymouth in Clarksburg, West Virginia. Because of numerous problems with the automobile, the claimant returned it and received a refund of the purchase price. The dealer was unable to refund the 5% tax paid to the respondent in the sale. This [111]*111claim is for a refund of the $271.60 tax paid. It is the opinion of this Court that since the sale was nullified between the parties and the sales price refunded, the tax paid in the amount of $271.60 should be refunded to the claimant. (George M. Custer vs. Department of Motor Vehicles, CC-77-86, 12 Ct. Cl. 48; Sandra S. Clemente vs. Department of Motor Vehicles, CC-77-169, 12 Ct. Cl. 48). Accordingly, an award in the sum of $271.60 should be, and is hereby, made.

Award of $271.60.

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PER CURIAM:

This claim was submitted for decision upon the pleadings by agreement of the parties. The claimant purchased a 1977 Plymouth Volare automobile from Country Club Chrysler-Plymouth in Clarksburg, West Virginia. Because of numerous problems with the automobile, the claimant returned it and received a refund of the purchase price. The dealer was unable to refund the 5% tax paid to the respondent in the sale. This [111]*111claim is for a refund of the $271.60 tax paid. It is the opinion of this Court that since the sale was nullified between the parties and the sales price refunded, the tax paid in the amount of $271.60 should be refunded to the claimant. (George M. Custer vs. Department of Motor Vehicles, CC-77-86, 12 Ct. Cl. 48; Sandra S. Clemente vs. Department of Motor Vehicles, CC-77-169, 12 Ct. Cl. 48). Accordingly, an award in the sum of $271.60 should be, and is hereby, made.

Award of $271.60.

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Bluebook (online)

12 Ct. Cl. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosi-v-department-of-motor-vehicles-wvctcl-1978.