PELKEY V. NORTON 99 A.2d 918 (1953) CASE BRIEF

PELKEY V. NORTON

99 A.2d 918 (1953)

NATURE OF THE CASE: This was a dispute over a car trade in for fraud.

FACTS: D purchased a new car from P and purposely misrepresented the age of his trade in as that of a 1949 truck when in fact it was a 1947 model. The dealer made a mistake when reading the serial number and the key letter Q as an O. The difference in the trade in price of a 1949 and 1947 truck was $700. P asked for the original bill of sale but D informed P that the bill was at his son's house. P allowed the trade in of the car as a 1949 model but eventually discovered that he had been defrauded. P sued D. D moved for a directed verdict and it was granted. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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