Opinion
No. 6998.
Decided February 23, 1938.
Measure of Damages — Charge of Court — Fraud.
See syllabi in Morriss-Buick Company v. Pondrom, supra, p. 98.
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County.
Suit by H. H. Huss against the Morriss-Buick Company to recover damages for misrepresenting that an automobile purchased by plaintiff was new when in fact it was a rebuilt machine. Judgment in favor of plaintiff was affirmed ( 84 S.W.2d 264), and the automobile company has brought error to the Supreme Court.
The case was referred to the Commission of Appeals, Section B, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Judgments of both courts are reversed and the cause is remanded.
R. T. Bailey, of Dallas, for plaintiff in error.
Young, Blakley, Cooper Armstrong, and Joe Utay, all of Dallas, for defendant in error.
This is a companion case to that of Morriss-Buick Co. v. Pondrom, this day decided ( supra, p. 98). The law questions, with one exception, are identical in the two cases.
Judgments of the trial court and Court of Civil Appeals are reversed and cause remanded.
Opinion adopted by the Supreme Court February 23, 1938.