Norris v. Jones

PREWITT, Judge.

Plaintiff sued defendant for fraudulent misrepresentation. A jury trial commenced and at the close of plaintiff’s evidence the trial court sustained defendant’s motion for directed verdict and entered judgment in favor of defendant. At trial and here defendant contends that the plaintiff had no right to rely upon defendant’s misrepresentation because he could have discovered the truth by exercising ordinary care.

Plaintiff is a truck dealer. Defendant purchased a truck from plaintiff and traded in on it a truck that he represented was a “1979 Freightliner”. It was actually a…