Gaylan v. Dave Towell Cadillac, Inc.

Plaintiff, Anthony Gaylan, seeks to recover $7,248.75 in damages, plus attorney fees, from the defendant, Dave Towell Cadillac, Inc. Defendant denies plaintiffs claim.

FINDINGS OF FACT

Defendant is a corporation and doing business as a motor vehicle dealer selling new and used motor vehicles. Defendant is a franchise dealer for Cadillac automobiles.

On August 25, 1983, plaintiff and defendant entered into a retail contract whereby plaintiff agreed to purchase, for cash, a 1983 Cadillac Eldorado automobile (Eldorado), less a trade-in allowance for his 1979 Cadillac. The agreement provided as…