Chaney v. Fields Chevrolet Co.

This is an action for damages as the result of an alleged scheme to “cheat, swindle and defraud” plaintiff out of money due him upon the repossession and resale of a truck previously purchased by plaintiff from defendant. The plaintiff appeals from a judgment for defendant entered on a directed verdict.

Plaintiff filed an original and three amended complaints. In granting the defendant’s motion for a directed verdict, the trial court held (1) that the plaintiff’s original complaint was founded on breach of contract; (2) that the amended complaints changed plaintiff’s theory to a tort action…