Bernard v. Central Carolina Truck Sales, Inc.

WHICHARD, Judge.

I

Plaintiff brought this action alleging breach of contract, fraudulent misrepresentation, and unfair or deceptive acts or practices. The facts giving rise to the action, as found by the court, are as follows:

In August 1978 plaintiff entered a contract with defendant to purchase a tractor. Defendant represented the tractor to be a *2291975 Peterbilt with a 1975, 400 Cummins engine. In reality it contained a 1972, 370 Cummins engine.

Defendant’s agent said the tractor was “ready in all aspects for long distance hauling.” Immediately after the purchase, however, plaintiff began…