CAPITOL DODGE SALES V. NORTHERN CONCRETE PIPE
131 Mich.App. 149 (1983)
NATURE OF THE CASE: This was a dispute over the sale of a truck.
FACTS: Capitol Dodge's Salesman (P) visited Northern Concrete Pipe (D) to sell a snowplow
pickup truck to D. During the demo, the engine overheated and the temperature gauge was in
the red. P indicated that no damage to the engine had occurred and that the snow plow had
been incorrectly installed and was causing the trouble. D purchased the truck on the
assurance that nothing was wrong. The truck was delivered and serious overheating problems
were encountered on the first day of possession even with the blade being in the proper
position. P attempted repair but it was unsuccessful and D called P to take the truck back
and stopped all payments. P sued D and won the trial verdict. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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