HINKLE V. ROCKVILLE MOTOR CO., INC.
262 Md. 502 (1971)
NATURE OF THE CASE: Hinkle (P) sought review of a directed verdict entered in Rockville's
(D) favor by the Circuit Court in P's fraud and deceit action.
FACTS: P purchased a car from D. P alleged that D fraudulently represented to him at the
time of sale that the car was a new car when, in fact, it had over 2,000 miles on the
speedometer and had been involved in an accident. P discovered the mileage recorded on the
speedometer while driving home on the day of the sale. He brought this to the attention of D
and an adjustment was made whereby he was compensated in the amount of $109.86, the amount
of his first payment, in exchange for a release from any further claims except for those
falling within his standard new car warranty. This was made on January 27, 1970. Then in
April, 1970, P learned the automobile had been involved in an accident in Tennessee in July
of 1969. The front and rear portions of the automobile had been welded together after having
been severed in the accident. P alleged that D had knowledge of the accident but that it
'willfully concealed the true circumstances' and 'willfully, maliciously and fraudulently
misrepresented the quality and condition of the car. Damages were claimed in the amount of
$100,000. D moved for a directed verdict. The court granted it on P's failure to produce
evidence in regard to the automobile's actual value at the time of sale deprived the jury of
the only permissible standard by which the jury could determine the existence or amount of
damages. P did produce expert testimony that the effects of the accident could be remedied
and the car returned to new car condition by the expenditure of $800 for repairs. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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