Fosburg v. Couture

• Decision Date: 28 August 1923
• Docket Number: 17835.
• Citation: 217 P. 1001,126 Wash. 181
• Parties: FOSBURG v. COUTURE.
• Court: Washington Supreme Court

217 P. 1001

126 Wash. 181

FOSBURG v. COUTURE.

No. 17835.

Supreme Court of Washington

August 28, 1923

Department 1.

Appeal from Superior Court, Yakima County; Holden, Judge.

Action by R. B. Fosburg against C. W. Couture. Judgment for plaintiff, and defendant appeals. Affirmed.

Ralph B. Williamson, of Yakima, for appellant.

Snively & Bounds, of Yakima, for respondent.

BRIDGES J.

This was an action for damages growing out of the sale of an automobile by the defendant to the plaintiff. The former appeals from a judgment based upon the verdict of a jury.

The testimony is not very greatly in dispute. The appellant made it a part of his business to buy and sell automobiles, both new and secondhand. The respondent, while not being a mechanic, had had considerable experience with the operation of automobiles, and had considerable knowledge concerning their parts. The appellant represented to the respondent that his Pilot automobile was a new one, in good mechanical condition in every way, and had not been operated more than 512 miles, as indicated by the speedometer on the car, and that he only had driven it. It was given into the possession of the respondent, with the privilege of operating it for two or three days or longer, and making such examination of it as he might choose, before purchasing. After having so operated the car, respondent returned it to the appellant, claiming that the motor had a knock in it. He was assured that such was not the case, and that the machine was in good condition, and thereupon respondent purchased it paying a part of the purchase price down, and agreeing to make certain deferred payments. After operating the car for about two weeks, respondent offered to return it, claiming that appellant had misrepresented its condition. He produced testimony tending to show that, within a few days after he bought the car, it developed mechanical defects in that the worm gears on the oil pump were not properly assembled, and the cogs in the clutch end of the generator of the Delco starting system were worn, and that parts of a steel plug were found in the differential, in that there was a distinct knock in the motor, and that the car had been driven several thousand miles, or, at any rate, very much farther than the 512 miles represented by the appellant, and that various persons had driven the car before the respondent purchased it. Appellant very frankly admits that he made...