Munchow

Plaintiffs, Egon and Anna Munchow, appeal from a judgment on the pleadings rendered in an action to recover damages for fraud. On February 24, 1972, plaintiffs filed a complaint naming Edwin Kraszewski, Al Puglisi, Jimmy Machen, Richard Stewart, William Felts, individually, and doing business as Pioneer Oldsmobile Co., Wyco Metal Products (Wyco), a corporation, and Forrest Weiss (Weiss), as defendants.

The first cause of action alleges that on or about February 1, 1972, plaintiffs entered into a contract with Pioneer Oldsmobile, a copy of which was incorporated into the complaint, to purchase a 1968 Buick automobile. The mileage of the automobile was represented to plaintiffs as being 48,855 miles on the date of purchase. The contract also contained the following statement: “No representations or warranties respecting the mileage on the said vehicle, or on the odometer, are made, and Pioneer Oldsmobile Co. expressly disclaims any warranty or representation as to the accuracy of the mileage on the odometer.” Two days later, plaintiffs discovered that the representation as to the mileage of the automobile was false and that the odometer did not give a true reading of the…