NAPLES RESTAURANT, INC. v. COBERLY FORD

Docket No. 30974.

259 Cal.App.2d 881 (1968)

66 Cal. Rptr. 835

NAPLES RESTAURANT, INC., Plaintiff and Appellant, v. COBERLY FORD, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

March 11, 1968.


Attorney(s) appearing for the Case

Bernfeld & Cohen, Joseph Bernfeld and Robert A. Feldman for Plaintiff and Appellant.

Getz, Aikens & Manning, Peter S. Smith and Joel A. Goldman for Defendant and Respondent.


FLEMING, J.

Naples Restaurant appeals a judgment for defendant Coberly Ford in an action for fraud and breach of contract in the sale of a motor vehicle.

Plaintiff bought a 1962 Ford Thunderbird automobile from defendant in December 1961 for $4,728, plus sales tax. The automobile was described in the contract of sale as a new one, and nothing was said to plaintiff to indicate that it had been driven more than a minimal number of miles. Plaintiff was only told...

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