ATKINS v. DRAKE

81-262.

437 So.2d 469 (1983)

Charles ATKINS, d/b/a Atkins Ford Sales v. Mark Steven DRAKE.

Supreme Court of Alabama.

August 12, 1983.


Attorney(s) appearing for the Case

Edward R. Jackson of Tweedy, Jackson & Beech, Jasper, for appellant.

Thomas J. Spina of Daniel, Fawal & Spina, Birmingham, and J. Stephen Salter of Groenendyke & Salter, Birmingham, for appellee.


SHORES, Justice.

Charles Atkins, d/b/a Atkins Ford Sales, defendant below, appeals from judgment entered on a verdict against him.

The plaintiff, Mark Drake, alleged that Atkins, owner of a commercial truck dealership, had sold him a used truck, which Atkins knew at the time of sale to be used, but had represented to him that the truck was new and not damaged. Drake claimed he bargained and paid for a new truck.

Drake filed this suit and sought compensatory...

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