Legal Opinion

Barker v. Rice Motors

Montana Supreme Court

Decided January 26, 1984No. 83-393Published

1Opinion of the CourtJustice Shea

Plaintiff buyer, Travis M. Barker, appeals from an order of the Cascade County District Court granting defendant seller, Rice Motor’s Incorporated’s motion for summary judgment and dismissing buyer’s amended complaint. Buyer had sued seller for fraud alleging the automobile buyer purchased from seller was “used,” not “new” as represented by seller. Buyer sought rescission of the sales contract and return of the downpayment and installment payments made, as well as treble and punitive damages. We affirm.

The trial court granted seller’s motion for summary judgment based on the pleadings,…

2Cases cited2 opinions

  1. Flansberg v. Montana Power CompanyMontana Supreme Court · 1969
  2. Salway v. Secretary of StateMichigan Supreme Court · 1948

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