Smith v. New Plaza Pontiac Co.

BERREY, Judge.

Appellant, defendant in the original action, appeals from an order overruling his motion for judgment N.O.Y., or in the alternative for a new trial. Judgment is affirmed.

On March 4, 1980, respondent, plaintiff above, purchased a 1979 Buick Riviera from appellant New Plaza Pontiac Company. Michael Riggins, a salesman for New Plaza Pontiac, negotiated and closed the sale with Kay Smith.

Riggins told Smith the car was a trade-in, that it was in good shape and had never been wrecked. Riggins disputes Smith and alleges he said the car was a repossessed vehicle from GMAC (General…