Upton v. Parkway Motors, Inc.

In September of 1964 the plaintiffs purchased a used 1964 Chevrolet Corvette automobile from the defendant, Parkway Motors, Inc., and were allowed a credit of $1,595 for an older model automobile which was traded in. Prior to making the purchase, plaintiffs test drove and inspected the car. According to plaintiffs’ testimony, they were told by Parkway’s salesman that the car “had never been wrecked.” Two other representations were alleged by the plaintiffs, one of which was not proven, and neither of which is material to the disposition of this appeal.

Shortly after the purchase, plaintiffs…