Naples Restaurant, Inc. v. Coberly Ford

Naples Restaurant appeals a judgment for defendant Coberly Ford in an action for fraud and breach of contract in the sale of a motor vehicle.

Plaintiff bought a 1962 Ford Thunderbird automobile from defendant in December 1961 for $4,728, plus sales tax. The automobile was described in the contract of sale as a new one, and nothing was said to plaintiff to indicate that it had been driven more than a minimal number of miles. Plaintiff was only told the ear’s fender skirts had been stolen and replaced. After the automobile had performed without substantial malfunction for about a year, plaintiff was informed by an anonjunous telephone call that the car had been stolen before plaintiff bought it. In fact, the car had been stolen from defendant’s premises about a month before its sale and found on an empty lot six days later with an odometer reading of 400 miles and without its fender skirts, wheels, hub caps, and tires. Defendant replaced the missing parts with new ones, cleaned up the car, and put it back in stock as a new automobile.

Plaintiff filed this suit in August 1963 for $1,000 general damages and $25,000 punitive damages. A jury awarded plaintiff $1,000 general and $8,500…