Martin v. Hughes

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages, actual and punitive, on account of willful, malicious and wanton misrepresentations as to an automobile sold to plaintiff by defendant. Judgment was for the plaintiff. Defendant appeals.

The petition alleged that about February 15,1941, defendant sold plaintiff an automobile for the agreed sale price of $745; that at the time of the sale defendant represented to plaintiff that the automobile in question was a new one and had never been driven; that these representations were false and fraudulent and were…