Dana v. Sutton Motor Sales

Plaintiffs appeal from a judgment in favor of defendants in an action for declaratory relief.

Facts: August 7, 1957, plaintiff Michael G. Dana bought a used automobile from defendants under a conditional sales contract. It was a condition of the sale (imposed by defendants) that the automobile be covered by insurance, and the subject of the insurance was accordingly discussed between plaintiff and defendants.

Plaintiff asked that he be provided with “full coverage,” and defendants undertook to provide him with it.

Defendants, however, procured a policy which merely provided collision and…