This section contains the nature of the case and procedural background.

D purchased a new car from P and purposely misrepresented the age of his trade in as that of a 1949 truck when in fact it was a 1947 model. The dealer made a mistake when reading the serial number, and the key letter Q as an O. The difference in the trade in price of a 1949 and 1947 truck was $700. P asked for the original bill of sale, but D informed P that the bill was at his son's house. P allowed the trade in of the car as a 1949 model but eventually discovered that he had been defrauded. P sued D. D moved for a directed verdict, and it was granted. P appealed.

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