Tom Benson Chevrolet, Inc. v. Alvarado

I concur in part and I dissent in part.

Alvarado alleged, and the jury found, that Tom Benson failed to set out the “true” cash price in the retail installment contract. The evidence showed that in the instrument introduced as plaintiff’s exhibit 3 headed MOTOR VEHICLE RETAIL IN-STALMENT CONTRACT — SECURITY AGREEMENT AND FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT the cash price was shown to be $4,756.52 and, after subtracting the total down payment plus trade-in, insurance, fees, taxes, license and registration fees and certificate of title fee, the unpaid balance was $4,309.36. This…