Legal Opinion

State Ex Rel. McLeod v. Fritz Waidner Sports Cars, Inc.

Supreme Court of South Carolina

Decided February 25, 1980No. 21158PublishedCited by 5 opinions

1Opinion of the Court

Ness, Justice:

Appellant Fritz Waidner Sports Cars, Inc., appeals from an order overruling its demurrer to a complaint by respondent State of South Carolina ex relatione Daniel R. McLeod. We affirm.

Respondent proceeds under the South Carolina Unfair Trade Practices Act, §§ 39-5-10-39-5-160, Code of Laws of South Carolina (1976), and Code § 56-15-30(a) seeking civil penalties for the alleged sale of an automobile with an inaccurate odometer reading. Appellant demurred on the basis that actions involving false odometer statements had been pre-empted by the odometer disclosure requirements of the…

2Cases cited4 opinions

  1. People v. Jack Dykstra Ford, Inc.Michigan Court of Appeals · 1974
  2. Hanselmann v. McCardleSupreme Court of South Carolina · 1978
  3. Carroll Motors, Inc. v. PurcellSupreme Court of South Carolina · 1979
  4. Williams v. StrebSupreme Court of South Carolina · 1978

3Cited by5 opinions

  1. Bostick Oil Company, Inc. v. Michelin Tire Corporation, Commercial DivisionCourt of Appeals for the Fourth Circuit · 1983
  2. Shea v. StateCourt of Appeals of South Carolina · 1983
  3. Nance v. State Board of EducationSupreme Court of South Carolina · 1981
  4. Vaughan v. KalyvasCourt of Appeals of South Carolina · 1986
  5. Nance v. State Board of EducationSupreme Court of South Carolina · 1981

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