Chapman v. Zakzaska

The facts are not in dispute. On April 5, 1954, plaintiff, a motor-vehicle dealer, sold to defendant for the price of $1,695, plus a secondhand car, a used Nash automobile. Before the sale plaintiff had changed the speedometer reading on the Nash car to 21,000 miles. It had in fact traveled about 60,000 miles. A judgment note was given for a part of the purchase price. Judgment was taken upon the note. Defendant obtained an order setting aside the judgment and granting him leave to answer. He answered alleging that the sale was illegal because' plaintiff had violated the provisions of sec.…