BOISE DODGE, INC. V. CLARK
453 P.2d 551 (1969)
NATURE OF THE CASE: This was a dispute over the sale of a car. Boise (P) sought review of the judgment granting Clark (D) punitive damages in P's action alleging breach of contract in connection with the sale of a car by P to D.
FACTS: Clark (D) purchased a car from Boise (P) with the representation that the car was new with only 165 miles on it. In fact, the car was demonstrator which had the odometer turned back from 6,968 miles. The salesmen knew the true situation of the car. D traded in his car and issued checks for the balance but stopped payment when it was discovered that the car was used. P sued on the checks and D counterclaimed for damages for breach of contract and deceit and for punitive damages. The jury found for P on the checks on the theory that the contract had been affirmed rather than rescinded and for D for $350 (loss in value). The jury also awarded D $12,500 in punitive damages. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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