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A.J.'s Automotive Sales, Inc. v. Freet

725 N.E.2d 955 (2000)

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A.J.‘s Automotive Sales, Inc. v. Freet

Indiana Court of Appeals

725 N.E.2d 955 (2000)

Facts

Donna L. Freet and Samuel H. Freet (plaintiffs) purchased an 11-year-old Chevrolet Suburban from A.J.’s Automotive Sales, Inc. (A.J.’s) (defendant). At the time of the purchase, the Suburban’s odometer read 80,000 miles. Following the purchase, the Suburban required extensive and frequent repairs. Four years after the Suburban’s purchase, after a mechanic’s suggestion to look into the accuracy of the odometer, the Freets discovered that the odometer had been changed before the purchase, and the Suburban actually had 180,000 miles on it when the Freets purchased it. The Freets filed suit against A.J.’s as well as Diane Newman (defendant), who had sold the Suburban to A.J.’s, seeking rescission of the contract. All parties moved for summary judgment. The trial court denied A.J.’s and Newman’s motions and granted the Freets’ motion for summary judgment. The court granted rescission of the contract and awarded the Freets $3,724 in damages and, under the federal odometer act, $3,720 in attorney’s fees. A.J.’s appealed, arguing in part that the vehicle returned to A.J.’s was four years older than the one that A.J.’s had sold to the Freets, making it impossible to return A.J. to its status quo before the contract.

Rule of Law

Issue

Holding and Reasoning (Friedlander, J.)

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