Albert Switzer & Associates, Inc. v. Dixie Buick, Inc.

REGAN, Judge.

The plaintiff, Albert Switzer & Associates, Inc., filed this suit against the defendant, Dixie Buick, Inc., endeavoring to recover the sum of $1,161.84 representing damages which it asserts it sustained as the result of purchasing a demonstrator automobile which was represented by the defendant to be a new car when the sale thereof occurred.

The defendant answered and conceded that the automobile had been driven by “an official of defendant”, but denied that the vehicle was a demonstrator; it then asserted that the use of the automobile by an official of the defendant was…