Pelkey v. Norton

Norton (defendant) traded in a truck as partial payment toward buying a 1951 Packard from car salesman Pelkey (plaintiff), falsely telling Pelkey the truck was a 1949 Chevrolet (rather than its actual 1947 model) to secure a higher trade-in value; a dealership error misreading the truck's serial letter (Q misread as O) failed to catch the discrepancy, resulting in roughly $700 in excess trade-in value. When Pelkey later resold the truck, the buyer discovered its true 1947 model year and sued Pelkey, who then sued Norton for fraud; at the close of Pelkey's evidence, the trial court granted Norton's motion for a directed verdict, and Pelkey appealed.