Brenda Lee Suits v. Little Motor Company

KRAVITCH, Circuit Judge:

The question posed here is whether, under the Motor Vehicle Information and Cost Savings Act [the Act], 1 the sale of a car by a transferor who knows that the odometer has “turned over,” i. e., recorded 99,999 miles and returned to 0, and fails to so indicate, manifests an intent to defraud. We hold that it does and that the transferor is therefore liable under the Act.

Appellant Brenda Lee Suits bought a car from appellee Little Motor Company [Little Motor] on June 14, 1977. The vehicle’s odometer showed 73 miles. Little Motor had purchased the vehicle some ten days…