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BROWN v. HARRY HEATHMAN, INC.

No. 860154-CA.

744 P.2d 1016 (1987)

Harlen W. BROWN, Plaintiff and Appellant, v. HARRY HEATHMAN, INC., Harry Heathman dba Heathman Investment Co., and Heathman Properties, Defendants and Respondents.

Court of Appeals of Utah.

October 29, 1987.

Attorney(s) appearing for the Case

Randall J. Holmgren, Shields, Shields & Holmgren, Salt Lake City, for plaintiff and appellant.

Thomas T. Billings, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for defendants and respondents.

Before JACKSON, BENCH and DAVIDSON, JJ.

MEMORANDUM DECISION

JACKSON, Judge:

Harlen W. Brown sued for rescission of a conditional sales contract which obligated him to purchase a motor vehicle from Harry Heathman, Inc. ("Heathman"). Brown claimed he was induced to enter into the contract by fraudulent misrepresentations that the car was "new," when in fact it had been driven for almost 12,000 miles. His complaint was dismissed after a bench trial. We affirm.

Our analysis of two issues will...

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