Day v. Garland Chrysler-Plymouth, Inc.

DIXON, Chief Justice.

Our former opinion in this case is withdrawn and in lieu thereof the following opinion is substituted.

Appellant Day and wife, Norma Day, brought suit for actual and exemplary damages against appellee Garland Chrysler-Plymouth Company. Appellants charge that in 1966 they bought a Plymouth automobile from appellee, which car was represented as new when in fact it was a used car. They also allege that appellee charged usurious interest rates.

A jury returned a verdict finding that (1) appellee’s salesman represented that the automobile in question was a new automobile ; (2)…