Horton v. Continental Volkswagen, Inc.

The plaintiff, Donald E. Horton, appeals from a judgment for the defendant, Continental Volkswagen, Inc., in the plaintiff's action based upon fraud. We reverse and remand.

The action arose out of the plaintiff's purchase in August, 1976, of a 1975 model Audi automobile from the defendant. The plaintiff alleged that while negotiating for the purchase he had inquired of the defendant's representative whether there were any problems or defects in the vehicle to cause it to be the last 1975 model to be sold, and that he was told that there had been no problems with the vehicle, the reason that it…