Harper

This is an appeal by defendant Allen Silver, from a judgment for damages in favor of plaintiff E. S. Harper, on account of alleged misrepresentation in the sale of a boat.

Facts

The facts shown by the record before us are substantially as follows: On May 2, 1958, Silver was the owner of a 40-foot, two-engine, twin-screw Chris Craft pleasure cruiser. On that date he executed a written contract to sell the boat to plaintiff, E. S. Plarper. Richardson Yacht Anchorage, Inc., a corporation, and Ed Richardson, hereinafter called Brokers, were acting as Silver’s agents in advertising and selling the boat. Prior to sale, Silver represented to Brokers and to Harper that the boat was equipped with twin 275-horsepower Chrysler marine motors. Harper, believing said representation to be true, bought the boat for the agreed price of $22,500. The boat was actually equipped with one 250-horsepower and one 275-horsepower engine. The cost, to Harper, of replacing the 250-horsepower engine with another 275-horsepower engine, which *106 was done a short time after Harper discovered that the engines were mismatched, was $2,270.44. Expert testimony was received showing that the difference in market…