Bouchet v. Oregon Motor Car Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Bean. 1. This is an action by Leo Bouchet against the Oregon Motor Car Company, a corporation, for damages for misrepresentations in the sale of a second-hand ‘ ‘ 1910 model G, 4-cylinder Maxwell automobile. ’’ The action was tried before a jury. A verdict was rendered in favor of plaintiff for $450. From a judgment thereon, defendant appeals.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Bean. 1. This is an action by Leo Bouchet against the Oregon Motor Car Company, a corporation, for damages for misrepresentations in the sale of a second-hand ‘ ‘ 1910 model G, 4-cylinder Maxwell automobile. ’’ The action was tried before a jury. A verdict was rendered in favor of plaintiff for $450. From a judgment thereon, defendant appeals. Plaintiff alleged, in substance, that on September 16, 1913, the defendant falsely and knowingly represented to plaintiff that the automobile was of the value of $400, in first-class…
1Opinion of the CourtJustice Bean
The document signed at the time of the sale to plaintiff in so far as deemed necessary to note was as follows:
*233“No.-- Date, Sept. 16/13.
“Town, Portland. State, Ore. “Duplicate Studebaker Betail Sales Order. “Instructions: * *
“To Oregon Motor Car Co. [Dealer or Branch.] “Please enter ray order for. one Maxwell automobile model, * * with standard equipment, except as otherwise specified herein, to be delivered on or about Sept. 16, 1913, or prior thereto at your option. In case the automobile is not ready for delivery as specified, the deposit shall be returned to the undersigned. [Here follows…
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