Peabody v. P.J.'s Auto Village, Inc.

Plaintiff appeals a judgment, following a bench trial, in favor of defendant, P.J.’s Auto Village, Inc. She lost her suit for damages under Vermont’s Consumer Fraud Act, 9 V.S.A. § 2453(a), resulting from P.J.’s sale to her of the front of a 1974 Saab welded to the back of a 1972 Saab, known-in the trade as a “clipped” vehicle. The only issue is whether the trial court erred when it required plaintiff to prove actual damage. We reverse and remand.

I

On February 20, 1979, P.J.’s sold plaintiff a used Saab for $2,895.00. Before P.J.’s received the Saab as a trade-in, someone created it by welding…