Torts Keyed to Epstein
Hinkle v. Rockville Motor Co., Inc
Facts
The Plaintiff bought a car from the Defendant. The Defendant told the Plaintiff that the car was new. In fact, there were 2000 miles on the speedometer and the car had been in an accident. * The Plaintiff noticed the mileage on the speedometer as he was driving the car home. He returned to the Defendant’s place of business. The Defendant agreed to refund the Plaintiff the amount of his first payment in exchange for him signing a release from further claims except for breach of warranty. * The Plaintiff found out, a few months later, that the car had been in an accident. He sued the Defendant and had an expert witness testify as to the amount of money the repairs would cost. * The Defendant moved for and received a directed verdict from the trial court on the basis that the Plaintiff has not given any evidence as to the value of the car, as represented by the Defendant.
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