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GENERAL MOTORS CORP. v. ROSE

17161.

370 S.E.2d 117 (1987)

GENERAL MOTORS CORPORATION v. Herschel H. ROSE, III, Tax Commissioner, etc.

Supreme Court of Appeals of West Virginia.

Rehearing Refused February 3, 1988.

Dissenting Opinion June 28, 1988.

Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Mary Carol Holbert, Asst. Atty. Gen., Tax Div., for appellant.

Michael D. Foster, Charleston, for appellee.

NEELY, Justice:

General Motors manufactures automobiles which it then sells through a network of independent West Virginia dealers. When a consumer purchases a General Motors vehicle, the sales contract includes a one year or 12,000 mile warranty that the vehicle will be free from manufacturing defects. As a condition of the franchise agreement, dealers must undertake to perform warranty work for the manufacturer in fulfillment of the manufacturer's factory warranty...

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