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Jones v. Deer Motors Inc.

Decided: September 19, 1949.

GEORGE FREDERICK JONES, PLAINTIFF-RESPONDENT,
v.
DEER MOTORS, INC., A BODY CORPORATE, DEFENDANT-APPELLANT



Cleary, Lloyd and Stanton. The opinion of the court was delivered by Lloyd, J.s.c.

Lloyd

The action in this case was brought to recover damages for breach of contract on the sale of a Chrysler automobile, the purchase price of which was $300 and a Plymouth car.

At the time of sale, the plaintiff testified, it was represented to him that the Chrysler was in good working condition and would give satisfactory transportation and that he relied upon these representations in making the purchase. There was a verdict for the plaintiff in the sum of $450 and the defendant appeals alleging that the plaintiff had adequate knowledge of the condition of the car at the time of sale and could not rely upon the representation; that the court erred in admitting the testimony of one Conti as to damage; that there should have been a verdict directed in favor of the defendant.

The first point we find to be without substance. There was no evidence to show that the plaintiff had knowledge of the condition of the car at the time of purchase to deprive him of the right to rely upon the representations made.

On the second point, the plaintiff called a witness to testify over objection:

"By Mr. Ewart:

"Q. Are you in a position to determine what that car might have been worth on March 8, 1948?

"Mr. Karkus: Object, Your Honor.

"The Court: I think he can answer that. It is a question calling for yes or no.

"A. Yes.

"Q. What was it worth?

"Mr. Karkus: Object. This witness should not enter into the ...


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