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MILLER PONTIAC, INC., v. OSBORNE

No. 16847.

622 P.2d 800 (1981)

MILLER PONTIAC, INC., Plaintiff and Respondent, v. Janet S. OSBORNE, Defendant and Appellant.

Supreme Court of Utah.

January 6, 1981.

Attorney(s) appearing for the Case

David S. Dolowitz of Parsons, Behle & Latimer, Salt Lake City, for defendant and appellant.

Carman E. Kipp and Thomas N. Arnett, Jr. of Kipp & Christian, Salt Lake City, for plaintiff and respondent.

WILKINS, Justice:

This is an appeal by Defendant Janet Osborne from a judgment against her and in favor of Plaintiff Miller Pontiac, Inc., entered by the Third District Court after a trial to the Court sitting without a jury. All statutory references are to Utah Code Ann., 1953, as amended.

Defendant signed a contract for the purchase of an automobile from plaintiff for her son. The car was described as "hot," meaning that the engine and suspension

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