JACK CRISWELL LINCOLN-MERCURY INC. v. HAITH

No. 17476.

590 S.W.2d 616 (1979)

JACK CRISWELL LINCOLN-MERCURY INC., Appellant, v. William Preston HAITH et ux., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 13, 1979.


Attorney(s) appearing for the Case

Glenn Vickery, Houston, for appellant.

Jefferson & Maley, Carnegie H. Mims, Jr., Houston, for appellees.


EVANS, Justice.

This is a consumer fraud action involving the sale of an automobile. After a non-jury trial, judgment was entered for the plaintiffs. The defendant, an automobile dealer, brings this appeal.

In October, 1977, the plaintiffs purchased a 1977 Mark V Lincoln Continental from the defendant, believing the automobile to be new. During their test drive of the automobile, the plaintiffs noticed that the odometer read 669 miles, but upon making inquiry...

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