Jackson v. H. Frank Olds, Inc.

Plaintiff brought this action to recover damages from defendant arising from the sale to her of a three-year-old used car. Although plaintiff originally asked for rescission in her complaint, the trial judge dismissed this count because the car had been stolen. He gave plaintiff leave to file an amended complaint. In the amended complaint filed on August 28, 1975, plaintiff alleged in two counts that (I) despite certain representations made by defendant’s agent, the automobile was not fit for the ordinary purpose of driving and completely broke down within one week of purchase and (II)…