Horn v. Guaranty Chevrolet Motors

Action against car dealership for rescission, quasi-contraetual recovery and exemplary damages predicated upon fraud.

On March 15, 1966, plaintiff Gary Horn, and his wife, Sharon visited defendant’s place of business, a Chevrolet automobile dealership in Santa Ana, for the purpose of looking at and considering the purchase of an automobile. During the course of this visit, plaintiff observed a 1965 Chevrolet Impala which he eventually purchased from defendant. The ear was shown in defendant’s new car showroom and was represented by defendant as a “new” ear. The ear’s odometer showed four miles.