Corcoran v. O'Brien

These cases were submitted to the jury on the issue of fraudulent misrepresentation. No exception was taken by the defendants to the charge. The plaintiff purchased for $695 an automobile which she testified was represented by the defendant O’Brien, an employee of the defendant Kaye’s Auto Exchange, Inc., to be in “good condition”. Damages for fraud are computed pursuant to the out-of-pocket rule (Sager v. Friedman, 270 N. Y. 472; Reno v. Bull, 226 N. Y. 546) and the plaintiff’s damages were the difference between $695 and the value of the automobile at the time of purchase. The plaintiff was…