Krause v. Eugene Dodge, Inc.

This is an action for damages for alleged fraud by an automobile dealer in the sale as a “new car” of an automobile which had been driven 5,869 miles. Defendant appeals from a judgment based upon a jury verdict awarding plaintiff $250 in general damages and $6,000 in punitive damages. We affirm.

Defendant’s primary contention in this hotly contested case is that its motions for nonsuit and directed verdict should have been granted for lack of “clear and convincing” evidence, as required in an action for fraud. It thus becomes necessary to review the record.

Because of direct conflicts in the…