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

Williams (P) bought a car from Rank & Son Buick, Inc. (D). The salesman told P that the car was air-conditioned. P took the car for an hour and a half test drive. Several days after the purchase P discovered that the car was not air-conditioned. P sued D for fraud. P testified that he relied on an advertisement and the salesman's representations that the car was air-conditioned. It was shown that the advertisement was first published two days after P bought the car. P was given a judgment and D appealed.

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