Parker v. Taylor

The only count in the complaint proceeds upon the theory of a deceit as defined by sections 5676 and 5677 of the Code of 1923, and not as for a legal fraud as defined by section 8049. In fact, it charges that the defendant represented the car to the plaintiff as new when he knew that it was a used car. True, the evidence shows that the defendant’s vendor represented to him that the car was new, but there is evidence from which the jury could have inferred that, notwithstanding- such representation, the defendant knew that it was not a new car when he traded it to the plaintiff. The trial…