MILLER PONTIAC, INC. v. Osborne

WILKINS, Justice:

This is an appeal by Defendant Janet Osborne from a judgment against her and in favor of Plaintiff Miller Pontiac, Inc., entered by the Third District Court after a trial to the Court sitting without a jury. All statutory references are to Utah Code Ann., 1953, as amended.

Defendant signed a contract for the purchase of an automobile from plaintiff for her son. The car was described as “hot,” meaning that the engine and suspension had been modified to increase the car’s speed and maneuverability. The price for the car was $9,933.00 which, when increased by the cost of various…