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HART v. CHERNER

No. 2897.

178 A.2d 919 (1962)

Ronald A. HART, Appellant, v. Leon CHERNER, Henry Gertler, Samuel Mensh and Henry Cherner, t/a Cherner Motor Company, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided March 20, 1962.

Attorney(s) appearing for the Case

Clement Theodore Cooper, Washington, D. C., for appellant.

Mark P. Friedlander, Jr., Washington, D.C., with whom Mark P. Friedlander and Blaine P. Friedlander, Washington, D. C., were on the brief, for appellees.

Before QUINN, Associate Judge, CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b), and MYERS, Associate Judge of The Municipal Court for the District of Columbia, sitting by designation.

QUINN, Associate Judge.

Ronald A. Hart purchased a used 1956 Ford from the Cherner Motor Company in August 1960 and subsequently brought this action seeking to recover for breach of warranty and fraud. The case was tried to the court without a jury and a finding was entered for the Cherner Motor Company. Hart appeals, contending that the finding was contrary to the evidence and to law.

The transcript shows there were conflicts in the testimony as to what representations...

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