Citation. 44 Wis. 2d 239, 170 N.W.2d 807 (1969)
Brief Fact Summary. Plaintiff brought suit against Rank & Son Buick, Inc. (Defendant), for misrepresentation, when Plaintiff bought a car, purported to have air-conditioning, but did not.
Synopsis of Rule of Law. A plaintiff’s reliance will be considered when determining whether he sustained damages from a misrepresentation.
Facts. Plaintiff bought a car from Defendant, and the salesperson told him the car was air-conditioned. Several days after he bought the car, Plaintiff realized the knobs that were marked “air” were for ventilation, not air-conditioning. Plaintiff brought suit for fraudulent misrepresentation and received a judgment for $150.00 in damages. Defendant appealed.
Issue. This case considers the issue of reliance in oral misrepresentation.