PANNELL, Judge.
Where, in an action for fraud and deceit by a purchaser of an automobile brought against a defendant automobile dealer, it appears from the evidence adduced on motion for summary judgment by the dealer that the automobile purchased was represented as a "new" automobile and was sold as a "new" automobile and a reduction in price given because of the new models soon to come out, and that the dealer had filed suit against another person for certain specified...
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