Pepp v. Superior Pontiac GMC, Inc.

ALVIN B. RUBIN, District Judge:

This case is before the court on cross-motions for summary judgment. For the reasons that follow, the defendant’s motion is GRANTED, and the plaintiff’s motion is DENIED.

On July 14, 1975, the defendant Superior Pontiac received a 1973 Honda Civic as a “trade in” for another car. The odometer reading, as given by the previous owner on the Odometer Mileage Statement at that time was 22,283 miles. Mr. James Aucoin, the defendant’s sales manager, who was present when the previous owner filled out the Odometer Mileage Statement, took a four block test drive in the…