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Hinkle v. Rockville Motor Co., Inc.
Maryland Court of Appeals
278 A.2d 42 (Md. 1971)
Hinkle (plaintiff) bought a car from Rockville Motor Co., Inc. (Rockville) (defendant) that Rockville claimed was a new car. Nearly three months later, Hinkle discovered that the car had been in an accident the previous year. Hinkle brought suit against Rockville alleging that it knew of the accident, but fraudulently misrepresented the condition of the car. Hinkle sought $100,000 in damages. Rockville moved for a directed verdict, and the trial court granted the motion, reasoning that Hinkle did not produce evidence of the car’s actual value at the time of sale and thus a jury had no basis for a determination of damages for out-of-pocket losses. Hinkle appealed on the grounds that he presented evidence of the amount that it would cost to fix the damages from the accident and return the car to new condition.
Rule of Law
Holding and Reasoning (Barnes, J.)
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