Nature of the Case
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Facts
Nellon was borderline retarded. Nellon had come into an inheritance of $142,409. With money in his pocket, Nellon was able to indulge one of his dearest wants: to buy trucks. During the period of the sales, June 8, 1992, to July 17, 1992, D was the general manager of Quirk Chevrolet. He established the terms of sale in the six purchases that Nellon made. Nellon bought six trucks in rapid succession wherein D raised the sticker price on the truck and lowered the trade in value of the truck which Nellon literally purchased just a day or two before. All the just purchased trucks had from 20-175 miles on them, and all the trade-ins on them were lowered significantly. Total profits were $30,851. D was prosecuted on the theory of larceny by false pretenses. D's defense was that he made no false statements of fact, that prices are a matter of opinion, and it is not a crime to gull a willing dupe. D was convicted and appealed.
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