MERRILL, Justice.
This appeal is from summary judgment in favor of defendant. We reverse and remand for further proceedings.
Plaintiff's second Count Four of their complaint charged fraud or deceit or misrepresentation on the part of defendant in that plaintiffs claimed that they purchased a truck which defendant represented as a new truck when, in fact, it was not new.
A pretrial hearing was held on February 6, 1974, and the deposition of the original...
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