Commonwealth v. Reske
Massachusetts Appeals Court
684 N.E.2d 631 (1997)
Howard Reske Jr. (defendant) was the general manager of a car dealership called Quirke Chevrolet (Quirke). On June 8, 1992, Ronald Nellon came to Quirke to purchase a truck. Nellon was intellectually disabled. He signed a contract with a Quirk salesman for a truck with a fixed price of $17,566, which gave the dealership an average profit. Reske reviewed the contract, and while doing so changed the terms by raising the price of the car $2,000. Nellon signed the new contract, and paid the elevated price. Five more sales transactions transpired between Quirke and Nellon in July 1992. Each time, Reske sold Nellon a truck at an elevated price, which brought about between four to six times the average profit margins for Quirke. Reske was convicted of six counts of larceny by false pretenses. Reske appealed.
Rule of Law
Holding and Reasoning (Kass, J.)
Dissent (Gillerman, J.)
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