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BARKER v. RICE MOTORS

No. 83-393.

676 P.2d 200 (1984)

Travis M. BARKER, Plaintiff and Appellant, v. RICE MOTORS, Defendant and Respondent.

Supreme Court of Montana.

Decided January 26, 1984.

Attorney(s) appearing for the Case

J.V. Barron, Great Falls, for plaintiff and appellant.

Ray F. Koby; Swanberg, Koby, Swanberg & Matteucci, Great Falls, for defendant and respondent.

SHEA, Justice.

Plaintiff buyer, Travis M. Barker, appeals from an order of the Cascade County District Court granting defendant seller, Rice Motor Incorporated's motion for summary judgment and dismissing buyer's amended complaint. Buyer had sued seller for fraud alleging the automobile buyer purchased from seller was "used," not "new" as represented by seller. Buyer sought rescission of the sales contract and return of the downpayment and installment payments made...

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