Berkley v. Burlington Cadillac Co. Inc.

The suit grows out of the sale of an automobile by the defendant to the plaintiff. The complaint contains an original count and two amended counts. The parties disagreed as to the form of action, the plaintiff insisting that the action sounded in tort for deceit, and the defendant claiming otherwise. At the close of plaintiff’s evidence the defendant moved for a directed verdict on the ground, in substance, that the plaintiff had failed to allege and prove actionable fraud. The court, on being informed that the defendant did not rest, overruled the motion, to which the defendant excepted.…