Gollwitzer v. Theodoro

SMITH, Presiding Judge.

Defendant appeals from a jury verdict against him for $2200 actual damages and $10,000 punitive damages, and an award by the court of $4205 for attorney’s fees. Plaintiff’s petition purported to be based upon the Missouri Merchandising Practice Act, § 407.025 RSMo 1978. The petition charged that in July 1981, plaintiff purchased a boat from defendant. Defendant’s salesmen represented the boat to be a 1980 model when in fact it was a 1976 model. The salesmen knew it was not a 1980 model or acted with reckless disregard as to the truth of the representation intending that…