Dato v. Vatland

In this small-claim proceeding plaintiff seeks the return of the purchase price of a used ear.

Plaintiff purchased from defendant a 1955 Pontiac for $300. It is conceded that she told defendant, and defendant understood, that the car was intended to be driven by her teen-age son.

Defendant wrote “ sold as junk ” on the bill of sale and the word “ junk ” on the top of the Motor Vehicle Department form MV-50.

Defendant conceded that he knew that neither plaintiff nor her son was in the junk business.

When plaintiff asked why defendant wrote “ junk” on the said documents, he told her it was because…