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Keywords

damagesappealtrialrespondentappellant
damagestrialrespondentappellant

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Williams v. Rank & Son Buick, Inc., 44 Wis.2d 239, 170 N.W.2d 807

Facts

On March 19, 1968, the respondent and his brother visited the appellant's used car lot to examine a 1964 Chrysler Imperial. They were allowed to take the car for a test drive for about one and a half hours, during which they tested various features. The respondent later claimed that he was told by a salesman that the car was air-conditioned, but discovered days later that it was not. The trial court found in favor of the respondent, awarding him damages for fraud, which the appellant appealed.

On March 19, 1968, the respondent and his brother visited the appellant's used car lot to examine a 1964 Chrysler Imperial.

Issue

Did the trial court err in finding that the appellant committed fraud and that the respondent was entitled to damages?

Did the trial court err in finding that the appellant committed fraud and that the respondent was entitled to damages?

Rule

To establish fraud, a party must prove that a false statement was made with intent to defraud, that the other party relied on it, and that this reliance caused injury.

To establish fraud, a party must prove that a false statement was made with intent to defraud, that the other party relied on it, and that this reliance caused injury.

Analysis

The court analyzed whether the respondent justifiably relied on the salesman's representation of the car being air-conditioned. It noted that the respondent had ample opportunity to inspect the car and should have been able to determine the truth about the air conditioning. The court concluded that the respondent's reliance on the salesman's statement was not justified, as he had the means to verify the claim himself.

The court analyzed whether the respondent justifiably relied on the salesman's representation of the car being air-conditioned.

Conclusion

The Supreme Court reversed the lower court's judgment, ruling that the respondent was not justified in relying on the salesman's representation regarding the air conditioning of the car.

The Supreme Court reversed the lower court's judgment, ruling that the respondent was not justified in relying on the salesman's representation regarding the air conditioning of the car.

Who won?

The appellant (automobile dealer) prevailed in the case because the court found that the buyer could not justifiably rely on the salesman's representation given the circumstances of the case.

The appellant (automobile dealer) prevailed in the case because the court found that the buyer could not justifiably rely on the salesman's representation given the circumstances of the case.

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