Maybee v. Jacobs Motor Co., Inc.
South Dakota Supreme Court
519 N.W.2d 341 (1994)
- Written by Sharon Feldman, JD
Facts
In 1988, a 1984 van was traded to Jacobs Motor Co., Inc. (Jacobs) (defendant). Johnie Maybee (plaintiff) purchased the van in 1989. No Jacobs employee told Maybee about any problems with the van. Maybee signed a contract disclaiming express and implied warranties. The van started leaking oil. A mechanic discovered that the van’s engine had been replaced with a rebuilt engine using a 1966 engine block with a canister-oil filter and was worn. The engine would stall, and Maybee stopped using the van. Maybee sued Jacobs for fraud and deceit. According to the van’s original owner, Jacobs had been told about the rebuilt engine. Maybee’s expert testified that the van’s high-compression engine required a higher octane of fuel than was available in 1989. Nine witnesses from Jacobs denied knowing that the engine had been rebuilt with a 1966 block, and service personnel denied ever having changed the van’s oil. The jury found for Maybee. The court granted a new trial on damages. Jacobs appealed the liability issue, and Maybee appealed the grant of a new trial.
Rule of Law
Issue
Holding and Reasoning (Henderson, J.)
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