Schmidt v. MEL CLAYTON FORD, ETC.

OPINION

WREN, Presiding Judge.

This appeal arises from an action for common law fraud filed by plaintiffs Schmidts (appellants), against defendant Mel Clayton Ford (appellee). The trial court granted appellee’s motion for summary judgment and appellants filed a timely notice of appeal. We reverse and remand.

In August, 1976, appellants purchased a “new” 1976 Ford pickup truck from appellee. After the sale was complete, appellants discovered that the truck had previously been in the possession of another buyer who, having allegedly experienced engine problems with the truck, had returned it to…