Brown v. Garrett

Barnes, Judge.

Nichelle Brown appeals a judgment entered on a jury verdict awarding her $17,250 and directing her to return to Ernest Garrett a car she bought from him for $25,250. Brown contends that the trial court erred in recharging the jury on the proper measure of damages. We agree and reverse.

Brown alleged that Garrett fraudulently misrepresented the condition of the used Infiniti QX4 she bought from him. “In general, a *824party alleging fraudulent inducement to enter a contract has two options: (1) affirm the contract and sue for damages from the fraud or breach; or (2) promptly rescind…