Luther v. Bud-Jack Corp.
New York Supreme Court
1Opinion of the CourtDaniel Gr. Albert, J.
When a new car is damaged while being transported from the manufacturer to the dealer for delivery to the purchaser, does the dealer, after having the car repaired for $346.44, perpetrate a fraud upon the buyer by concealing these facts and by failing to advise her of such damage to the supposedly new vehicle prior to consummation of the transaction? This question, among others, was answered in the affirmative by the jury which found the defendant dealer liable to the plaintiff purchaser for breach of contract, breach of warranty and fraud, and these findings will not be set aside by this…
2Cases cited5 opinions
- Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
- Carretta v. Bud Jack Corp.Nassau County District Court · 1970
- S & L Paving Corp. v. MacMurray Tractor, Inc.New York Supreme Court · 1969
- Smith v. HedgesAppellate Division of the Supreme Court of the State of New York · 1915
- Lhotta v. BleeckerAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by4 opinions
- Cholakyan v. MERCEDES-BENZ USA, LLCDistrict Court, C.D. California · 2011
- Keegan v. American Honda Motor Co.District Court, C.D. California · 2012
- Stream v. Sportscar Salon, Ltd.Civil Court of the City of New York · 1977
- McGregor v. DimouCivil Court of the City of New York · 1979