Monteleone v. Trail Pontiac, Inc.

This is an appeal from the denial of a motion for a new trial in a fraud action.

The facts of this case have to be gleaned from the pleadings and from the trial court's oral charge due to the absence of any testimony.

The facts show that Sharon Monteleone bought a car from Trail Pontiac, Inc. The salesman was Clint Phipps. Monteleone brought suit against Trail and Phipps claiming fraud and deceit in the sale of the car in that the car was represented to be new when in fact it was used, and furthermore that the car was lien-free when in fact there was a lien against it. The defendants denied the…