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WHEATON DODGE CITY, INC. v. BALTES

No. 1416, September Term, 1982.

55 Md. App. 129 (1983)

461 A.2d 38

WHEATON DODGE CITY, INC. v. MICHAEL BALTES.

Court of Special Appeals of Maryland.

Decided June 13, 1983.

Attorney(s) appearing for the Case

Elbert R. Shore and David P. Landau, with whom were John T. Bell, Frank S. Cornelius, Alfred L. Rehder, Walter I. Weinschenk and Bell, Cornelius & Shore on the brief, for appellant.

Charles S. Carroccio, Jr., with whom were John P. Roth and Richard K. Alpern on the brief, for appellee.

The cause was argued before LOWE and ALPERT, JJ., and FREDERICK A. THAYER III. Associate Judge of the Fourth Judicial Circuit, specially assigned.

LOWE, J., delivered the opinion of the Court.

A Montgomery County circuit court jury found that Michael Baltes had been damaged by $2500 from a fraudulent misrepresentation by Wheaton Dodge City, Inc. that a used van sold to him was new. Appealing here, Wheaton contends that there was insufficient evidence to show misrepresentation because Baltes had failed to prove one or more of the elements of actionable fraud in such...

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