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MILLER v. TRIANGLE VOLKSWAGEN, INC.

No. 8114SC422.

286 S.E.2d 608 (1982)

James L. MILLER v. TRIANGLE VOLKSWAGEN, INC., PM Distributors, Inc., d/b/a Phil's Auto Sales, and Donald D. Harmon.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

Richard N. Weintraub, Durham, for plaintiff-appellant.

Newsom, Graham, Hedrick, Murray, Bryson & Kennon by William P. Daniell, Durham, for defendant-appellee, Triangle Volkswagen, Inc.

ROBERT M. MARTIN, Judge.

The plaintiff's first argument on appeal concerns the trial judge's granting of summary judgment in favor of defendant, Triangle Volkswagen on plaintiff's allegation of common law fraud.

In order to prove that defendant was guilty of fraud the plaintiff at trial must prove: (1) that a defendant made a representation relating to some material fact; (2) that the representation was false; (3) that the defendant knew it was false or

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