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Lindberg Cadillac Company v. Aron

Court of Appeals of Missouri
371 S.W. 2d 651 (1963)


Facts

Leonard Aron (defendant) drove his used Cadillac automobile to a service station for repairs after the coolant in the car froze. A service technician informed Aron that the vehicle’s engine block had two cracks in it and would cost around $500 to repair, which was a significant sum of money. The technician told Aron that, alternatively, the technician could provide a temporary fix to the engine block by placing sealant on the cracks, which would conceal them if Aron planned to trade the vehicle in for a different car. Aron agreed to the temporary fix. Aron traded in his Cadillac for a newer model at Lindberg Cadillac Company (Lindberg) (plaintiff). While inspecting Aron’s vehicle, Lindberg’s sales manager did not discover the two cracks covered by the sealant in the engine block. Aron did not disclose to the sales manager the temporary repairs done to the vehicle’s engine block. The sales manager offered Aron $2,290 for the car. Aron accepted the offer and purchased a new Cadillac. Lindberg spent time and money reconditioning the car that Aron traded in—fixing minor repairs caused by normal use. Lindberg sold the used vehicle to another individual for $2,476. The purchaser subsequently returned the vehicle, because it kept overheating. Lindberg then discovered the cracks in the engine block. Lindberg sued Aron for fraud. The trial court found for Lindberg and awarded $759 in damages. The trial court denied Aron’s motion for a new trial. Aron appealed.

Rule of Law

Issue

Holding and Reasoning (Wolfe, J.)

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