Frank v. Daimler-Benz, AG, Stuttgart

VOGEL, Judge.

The plaintiff-appellant purchased a diesel automobile from Century Motors of Bismarck. Century Motors was not a dealer for the manufacturer of the automobile, but was apparently considering becoming a dealer. It had purchased the automobile from one of the defendants, Allen’s Auto-haus, Inc., where it had been used as a demonstrator.

It is to be noted that Century Motors was not named as a defendant in this action, but Allen’s Autohaus, Inc., was. The other defendants are the American distributor and the foreign manufacturer of the automobile.

The complaint alleged that the…