While there are many buy here pay here used car dealers in Dayton, there are none that will surpass our combination of customer service, selection and price. We are proud of our A+ Used Car Dealer rating from the Dayton Area BBB. Our experienced staff is eager to share their knowledge and enthusiasm through our buy here pay here used car purchasing process. Browse our inventory online of Dayton used cars, used trucks, used SUVs and more to find the right vehicle for you.
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We have many vehicles for drivers to choose from, including many low-mileage, clean trucks. Our dealership is friendly to first-time buyers as well as buyers with bad credit. We offer a variety of buy here, pay here financial options to help drivers get their hands on a vehicle.
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Teriahna Brown, of Dayton, was informed she won a prize earlier in the week. The contest not only awarded the grand prize of a contract payoff but several gift cards to other winners. She was unsure what to expect when she arrived at the Dayton dealership where she has her vehicle routinely serviced. Arriving with a family member, and her grandmother on video chat, Ms. Brown was greeted by Byrider employees to inform her of her account being paid off in-full.
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There are 26 hotels in Dayton with excellent service. The local average price is 101 USD per night. There are a variety of hotels to meet the needs of different types of travelers. There are 1 four-star hotels in Dayton at an average price of 147 USD per night. There are 10 three-star hotels in Dayton at an average price of 130 USD per night. There are 12 two-star hotels in Dayton at an average price of 79 USD per night. As a popular tourist city, Dayton has many renowned chain hotels. Hotels under the Days Inn brand are a good choice. Days Inn is the most popular brand among tourists. A popular hotel in Dayton, Country Inn & Suites by Radisson, Dayton South, Oh is also one of the highest rated. If you're still unsure, Trip.com recommends Hope Hotel and Richard C. Holbrooke Conference Center.
Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). It is to be granted only where the evidence is such that no reasonable jury could return a verdict for the nonmoving party. See Anderson v. Liberty Lobby, 477 U.S. 242, 250, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). The Court views the evidence, as well as all reasonable inferences, in a light most favorable to the nonmoving party. See Enterprise Bank v. Magna Bank, 92 F.3d 743, 747 (8th Cir. 1996); see Adkison v. G.D. Searle & Co., 971 F.2d 132, 134 (8th Cir. 1992). The moving party carries the burden of showing that there is no genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986); Mems v. City of St. Paul, Dep't of Fire & Safety Servs., 224 F.3d 735, 738 (8th Cir.2000). The nonmoving party may not rest upon the allegations or denials of its pleadings. Rather, the non-movant must establish the existence of specific facts that create a genuine issue for trial. Neither mere allegations nor denials are sufficient. See Liberty Lobby, 477 U.S. at 256, 106 S. Ct. 2505.
On summary judgment, the court does not weigh facts or determine the credibility of affidavits and other evidence. See id. at 249, 106 S. Ct. 2505. The nonmovant cannot, however, avoid summary judgment by highlighting some alleged factual dispute between the parties. Instead, the disputed fact must be \"outcome determinative under prevailing law\"; it must be material to an essential element of the specific theory of recovery at issue. See Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992). In essence, the court determines whether there is a need for a trial. Liberty Lobby, 477 U.S. at 250, 106 S. Ct. 2505.
Gilman does not satisfy the intent to benefit test. \"The intent to benefit test generally requires that `the contract must express some intent by the parties to benefit the third party through contractual performance.'\" Norwest Fin. Leasing, Inc. v. Morgan Whitney, 787 F. Supp. 895, 898 (D.Minn.1992) (Doty, J.) (quoting Chard Realty v. City of Shakopee, 392 N.W.2d 716, 720-21 (Minn.Ct.App.1986)). In general, \"when there is no reference to the third party in the contract, there is no intent to benefit the third party.\" See 614 Co. v. Minneapolis Community Development Agency, 547 N.W.2d 400, 410 (Minn. Ct.App.1996). The absence of the third party's name, however, does not preclude a finding of intent to benefit \"if the circumstances show otherwise.\" Julian Johnson Constr. Corp. v. Parranto, 352 N.W.2d 808, 811 (Minn.Ct.App.1984).
Gilman is not mentioned in the User Lease. Gilman therefore must rely on the interrelationship between the User and Master Leases to evoke \"circumstances\" sufficient to demonstrate an intent to benefit. The User Lease, however, is an independent document and expressly states any relationship between the parties is \"based entirely on, and circumscribed by, the provisions of this Lease.\" (Wildung Aff. Ex. 6 18(i).) Even the Master Lease makes clear that it alone \"constitutes the entire understanding between *938 [Dayton and Gilman] with respect to the matters set forth herein.\" (Id. Ex. 7 29(e).) While the Master Lease does invoke discrete provisions of the User Lease, it does so narrowly and specifically. Therefore, there is nothing in the relationship between the two documents to generate the inference that Gilman was an intended beneficiary of the User Lease.
Likewise, Gilman fails to satisfy the \"duty owed\" test. To meet this test, \"the promisor's performance under the contract must discharge a duty otherwise owed the third party by the promisee.\" Cretex Cos., 342 N.W.2d at 138; see also Restatement (Second) of Contracts 302 (requiring satisfaction \"of an obligation of the Promisee to the beneficiary\"). The obligation to be discharged must \"arise from the ... agreement\" itself, and not \"from a separate contract.\" Norwest Fin., 787 F. Supp. at 900; see also Cretex Cos., 342 N.W.2d at 138 (duty-owed test not met where obligation arises from \"separate contracts\"). Here, Gilman asserts that the duty owed arises from the Master Lease. Such obligation clearly arises outside the four corners of the User Lease. Accordingly, Gilman is not a third-party beneficiary under this contract.
 Gilman argues that the User Lease was not in effect because Target failed to give Dayton proper written notice of its intent to renew the agreement. Although this issue is arguably a threshold question, it need not occupy space here. Simply put, Gilman cannot seek to enforce the notice provisions of a contract to which it is neither a party nor third-party beneficiary. See infra. While Gilman has offered a late-breaking argument not alleged in the pleadings and arguably in violation of the notice provisions of the Master Lease that the portion of the Master Lease prohibiting modification of the User Agreement without written consent gives Gilman standing, there is nothing before the Court to suggest that a lack of notice by Target to Dayton acted as a modification of the User Lease. Rather, it appears to have been at most a waiver of a right between these parties. Semantic distinctions aside, Gilman has identified no plausible prejudice to it based upon Target's alleged failure to provide notice to Dayton.
 Gilman argues that it has standing under a number of alternate theories, none of which has merit. First, the User Lease and Master Lease do not constitute a single, indivisible contract because these leases are between different parties and contain integration clauses. See Farrell v. Johnson, 442 N.W.2d 805, 806-07 (Minn.Ct.App. 1989); (see also Wildung Aff. Ex. 6 18(f), Ex. 7 29(e).) Second, Gilman's estoppel argument is expressly precluded by the Master Lease, which states that \"no course of dealing between the Lessee and the Lessor ... shall operate as a waiver of any of the rights and remedies of Lessee and Lessor.\" (Wildung Aff. Ex. 7 29(a).) Finally, Gilman argues that Dayton breached the duty of good faith and fair dealing under the Master Lease by changing the definition of fair market value in the User Lease. Under Minnesota law, however, the duty of good faith and fair dealing is not actionable where the alleged \"bad faith\" actions involve the performance of terms that are not part of the contract. See Beer Wholesalers, Inc. v. Miller Brewing Co., 426 N.W.2d 438, 441-42 (Minn. Ct.App.1988). Dayton cannot therefore breach its duty under the Master Lease by its performance of the User Lease. 59ce067264