Carroll Motors, Inc. v. Purcell

Rhodes, Justice:

This is an appeal from a directed verdict in favor of Carroll Motors, Inc. (plaintiff-respondent) in a claim and delivery action involving a 1972 Mark IV Lincoln purchased from it by Jack Purcell (defendant-appellant). Appellant alleged in his answer, as an affirmative defense and counterclaim, a cause of action for fraud and deceit based on misrepresentation of the automobile’s actual mileage. We reverse.

Appellant asserts that the mileage on the automobile’s odometer had been rolled back, that respondent had reason to know of this or recklessly misrepresented it in a…