Pokrajac v. Wade Motors, Inc.

All the answers in the special verdict have support in the evidence and if the case turns on the facts so found the judgment must be affirmed. In our view, however, the trial court erred in not recognizing that the relationship between buyer and seller, established by the written agreement under which the automobile was sold and delivered, makes our decision in Flies v. Fox Bros. Buick Co., supra, inapplicable to the present case. The Flies Case held the seller, who was also the rebuilder of a secondhand automobile, liable on grounds of negligence to a third person with whom the buyer of the…