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Contracts Keyed to Murphy
Boise Dodge Inc. v. Clark
Facts
Plaintiff bought a car from Defendant. Defendant represented the car as “new”. In fact the odometer had been turned back to 0. Plaintiff traded in his car, valued at $1,100.00 and wrote two checks for the balance of the price. When Plaintiff discovered the car was used, he stopped payment on the checks. Defendant sued Plaintiff for the balance of the purchase price. Plaintiff counter-claimed for deceit, breach of contract, and punitive damages. The trial court awarded Defendant the value of the checks, and Plaintiff, the difference between the value of the car represented and the actual car, $350.00. The jury was instructed that it could award punitive damages if it found Defendant acted in a “willful, wanton, gross or outrageous” way, but punitive damages must bear a reasonable relation to the actual damages.
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