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eBook details

• Title: Robert Sullivan v. Allegheny Ford Truck Sales
• Author : Superior Court of Pennsylvania
• Release Date : January 29, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The Plaintiff instituted this action in the lower court alternatively in trespass and/or assumpsit for fraud and breach of express and implied warranties. The dispute between the parties arose out of a sales transaction wherein the Plaintiff, Robert Sullivan, purchased a used truck from the Defendant, Allegheny Ford Truck Sales, Inc. Trial was held before a judge, without a jury. Following the trial, and at the suggestion of the trial judge, the Plaintiff petitioned for permission to amend his Complaint to include a count alleging a right to a recovery based upon a mutual mistake of fact, so as to conform to the proof presented at trial. The trial judge permitted the amendment, and while rejecting the Plaintiffs claims based upon his originally pleaded cause of action, awarded him damages in the amount of $2,500.00 based upon the mutual mistake theory. Both parties filed exceptions, which were denied by the court en banc. Subsequently, each filed a separate appeal to this Court, and these appeals have been consolidated for our review.

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