Guess v. Lorenz

SNYDER, Judge.

Respondent buyer sued to recover $500.00 of the cost of repairing a used automobile which he purchased from appellant seller. Respondent was awarded $250.00 in the small claims court. The case was then tried de novo without a jury in the circuit court resulting in a judgment for respondent in the sum of $256.00. The seller appeals.

Appellant charges the trial court erred in finding for respondent because respondent failed to prove either fraud or breach of warranty. Appellant’s points are meritorious. The judgment is reversed.

Appellant advertised her car, a 1974 Dat-sun 260Z, for…