Capitol Dodge Sales v. Northern Concrete Pipe

131 Mich.App. 149 (1983)

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Nature of the Case

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Facts

Capitol Dodge's Salesman (P) visited Northern Concrete Pipe (D) to sell a snowplow pickup truck to D. During the demo, the engine overheated and the temperature gauge was in the red. P indicated that no damage to the engine had occurred and that the snow plow had been incorrectly installed and was causing the trouble. D purchased the truck on the assurance that nothing was wrong. The truck was delivered, and serious overheating problems were encountered on the first day of possession even with the blade being in the proper position. P attempted repair but it was unsuccessful, and D called P to take the truck back and stopped all payments. P sued D and won the trial verdict. D appealed.