Planchard v. Dobbs Mobile Bay, Inc.

The Planchards appeal from a summary judgment in favor of the defendant, Dobbs Mobile Bay, Inc., d/b/a/ Treadwell Ford ("Treadwell"), on their counts alleging fraud, deceit, and willful or reckless misrepresentation in the sale to them of an automobile. We affirm.

On September 9, 1985, the Planchards bought from Treadwell a 1985 Ford Tempo for $8,566.45 after trade-in allowance, down payment, and addition of taxes. The "New Vehicle Retail Buyer's Order" contained the following provision at the top of the page:

"The purchaser of the vehicle described herein understands that it may have suffered…