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Consumer Law Keyed to Whaley, 9th Ed.
Delay v. Hearn Ford
Citation:
373 F. Supp. 791 (1974)Facts
On December 23, 1972, Frank Delay purchased a 1973 Ford automobile from Hearn Ford and traded in his 1967 Chevrolet, which had approximately 72,000 miles on its odometer. After experiencing problems with the new Ford and a replacement vehicle, Delay repurchased his original 1967 Chevrolet from Hearn Ford on January 19, 1973, for cash. While driving home, he noticed the odometer read less than 49,000 miles. Delay’s son-in-law, a police officer, confirmed through affidavit that the vehicle had at least 65,000 miles before the trade-in. Hearn Ford’s used car manager could not explain the mileage discrepancy. The vehicle remained under Hearn Ford’s dominion and control between December 23, 1972, and January 19, 1973, during which time the odometer was rolled back approximately 23,000 miles.
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