(DOWNLOAD) "Doris E. Zuhlke v. Anderson Buick" by Supreme Court of Idaho No. 10760 * eBook PDF Kindle ePub Free
eBook details
- Title: Doris E. Zuhlke v. Anderson Buick
- Author : Supreme Court of Idaho No. 10760
- Release Date : January 17, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an appeal from an order of the trial court granting involuntary dismissal. Plaintiff had filed an action alleging
fraud on the part of the defendant automobile sales company in its sale of an automobile to her. Plaintiff alleged that the
automobile had been misrepresented and sold to her as new. The case went to trial, and at the close of plaintiff's evidence,
upon motion therefor, an involuntary dismissal was granted by the trial court. The automobile in question was purchased by plaintiff on September 15, 1967. Plaintiff was aware that the odometer indicated
the car had been driven 1582 miles. The evidence reveals that the car had actually been received by defendant from the factory
on October 10, 1966. The car was sold to plaintiff under a new car warranty. At the date of actual sale plaintiff was aware
that new tires had been installed on the car, that the speedometer had been reset to zero and that other minor repairs had
been made thereon for delivery to her. Following the sale and during the time that the car was under warranty it was returned
to defendant at least eight times for repairs, including the replacement of several tires, repairs and replacement of a piston
and piston rings, and many other minor repairs. In early 1969 the automobile was repossessed for failure to make payments
and then returned to plaintiff. On April 29, 1969 the plaintiff attempted to refinance the car, and the car was finally repossessed
in May of 1969, approximately twenty months after purchase. At the time the car was repossessed, the odometer showed that
it had been driven approximately 18,000 miles by the plaintiff. Thereafter plaintiff brought this action alleging fraud on
the part of the defendant in its alleged misrepresentation of the car as being new. Plaintiff's claim is basically that an
alleged "wrecking" of the car had taken place at some time prior to its sale.
 "Doris E. Zuhlke v. Anderson Buick" by Supreme Court of Idaho No. 10760 * eBook PDF Kindle ePub Free){kind=link}