Mitchell v. BACKUS CADILLAC-PONTIAC, INC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the measure of \actual damages\ in a fraud claim \is the difference between the actual value of the property at the time of purchase and what the value would have been if the property had been as represented\
• buyer’s continued possession of vehicle dealer would not take back did not warrant directed verdict on rescission claim
• salesman’s representation that vehicle had not been wrecked was false, and knowledge of falsity could be inferred based on fact that vehicle was repaired by dealership where salesman worked
• salesman’s representation that vehicle had not been wrecked was false, and knowledge of falsity could be inferred based on fact that vehicle was repaired by dealership where salesman worked
• “If a purchaser has promptly restored the subject of the contract to the seller, or offered to do so, his action is one for rescission at law and he is entitled to recover as restitution the purchase price actually paid by him.”
• “If a purchaser has promptly restored the subject of the contract to the seller, or offered to do so, his action is one for rescission at law and he is entitled to recover as restitution the purchase price actually paid by him.”

Source: CourtListener parenthetical corpus (CC0).