Citation Numbers: 6 N.J. Misc. 1079
Filed Date: 11/30/1928
Status: Precedential
Modified Date: 7/25/2022
This was an action of deceit in that the defendant persuaded the plaintiff to buy an automobile on the representation that it was a 1924 model, when, in fact, it was a 1923 model. The plaintiff sued for and recovered the difference in value. The trial was before the judge without jury, and the defendant rested on the plaintiffs’ evidence.
It is settled in this class of cases that where there is any evidence to support the finding of the trial judge, this court will not interfere with that finding. The question, therefore, is whether there was any evidence to support the finding of deceit. It is, of course, true as noted by the trial judge that the plaintiff before purchasing the automobile was warned by her brother-in-law that the car was not a 1924 car, but, as the judge also points out, the plaintiff chose to rely rather on the representations made by the defendant than on the warning from her- brother-in-law. Hence, this is not a ease
The rule to show cause is discharged.