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Schneider (P) went to Miller's (D) business to purchase a 1966 Chevrolet Impala SS. P asked about the squeaking noise in the car and D told him it was the brakes which needed to be repaired. D also told P about the rust on the car and that the engine might need to be rebuilt at some point in time. P agreed to pay D $2,580 with a down payment of $100. The next day P returned and paid the purchase price and signed a document saying that the car was being sold 'as is' and with no warranty. In just two weeks P wrote a letter to rescind the contract; the entire underside the car was hardly attached to the frame because the frame was rusted and that the car was not safe to drive and was a death trap. P sued, and the trial court gave the verdict to D because the car was sold 'as is' without a warranty. P appealed.

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