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McCRACKEN v. ANDERSON CHEVROLET-OLDS, INC.

No. 8630SC94.

346 S.E.2d 683 (1986)

John McCRACKEN v. ANDERSON CHEVROLET-OLDS, INC.

Court of Appeals of North Carolina.

August 19, 1986.

Attorney(s) appearing for the Case

No brief was filed on behalf of plaintiff-appellee.

Morris, Golding, Phillips & Cloninger by James N. Golding and Thomas R. Bell, Jr., Asheville, for defendant-appellant.

Johnson, Gamble, Hearn & Vinegar by Samuel H. Johnson and Richard J. Vinegar, Raleigh, filed a brief as amicus curiae for North Carolina Automobile Dealers Assn.

BECTON, Judge.

John McCracken sued Anderson Chevrolet-Olds, Inc. (Anderson) for damages arising out of his purchase of a diesel-engine 1981 Oldsmobile Cutlass. McCracken claimed that Anderson violated the odometer disclosure requirements of N.C.Gen. Stat. Sec. 20-347 (1983) with the intent to defraud him. He sought treble damages and attorney's fees under N.C.Gen.Stat. Sec. 20-348(a) (1983). After accepting a $3,000 jury verdict, the trial court trebled the damages...

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