Graham v. Myers

In January, 1949, the plaintiff traded his 1940 Nash automobile to defendants for a 1942 Nash and assumed an obligation to pay $660 difference. After using the 1942 Nash for about 2 months, plaintiff had it returned to the discount company which had financed his purchase, and brought the instant suit against the defendants, who are used-car dealers, for damages, alleging in his declaration that they “fraudulently and falsely represented the said automobile to be free of defects and in good mechanical order.” After issue was joined, the case was tried before a jury, with verdict for plaintiff.…