Garcia v. Overvold Motors, Inc., 10570

• Decision Date: 02 July 1984
• Docket Number: No. 10570,10570
• Citation: 351 N.W.2d 110
• Parties: David E. and Estella R. GARCIA, Plaintiffs and Appellants, v. OVERVOLD MOTORS, INC., a domestic corporation; Russ Howard and Mike Long, Defendants and Appellees. Civ.
• Court: North Dakota Supreme Court

Page 110

351 N.W.2d 110

David E. and Estella R. GARCIA, Plaintiffs and Appellants, v. OVERVOLD MOTORS, INC., a domestic corporation; Russ Howard and Mike Long, Defendants and Appellees.

Civ. No. 10570.

Supreme Court of North Dakota.

July 2, 1984.

Garcia & Garcia, Devils Lake, for plaintiffs and appellants; argued by Kirk Garcia, Devils Lake.

Nilles, Hansen, Magill & Davies, Fargo, for defendants and appellees; argued by E. Thomas Conmy III, Fargo.

SAND, Justice.

Plaintiffs David and Estella Garcia appealed from an order granting summary judgment in favor of Overvold Motors, Inc., in an action in which Garcias sought the return of their trade-in car and down payment plus damages for an allegedly defective car sold to Garcias.

David Garcia, in September 1981, negotiated with Overvold's saleswoman Pamela Smith for the purchase of a 1981 Cadillac Seville. Garcias subsequently bought the car on 17 September for less than its list price. Its odometer registered 9,800 miles.

Garcias alleged that about one week after the purchase "the engine leaked, the car steamed, and there were problems with the radio aerial and body moldings." Garcias wrote to Overvolds complaining of the defects in late September and took the car to Overvolds for repair shortly thereafter. Garcias maintained, however, that Overvolds did not complete the repairs. Garcias asserted that on 26 October 1981 "the entire dashboard fell out and on Garcias" while they were traveling to Fargo to again have the car repaired. Garcias alleged that when they returned the car to Overvolds on the 26th an Overvold salesman told David Garcia that he could return the car and that the outstanding payments and trade-in value of his old car would be applied toward the purchase of a new 1982 Cadillac Cimarron. Garcias contended that at that time a third Overvold's employee, Michael Long, became involved. Long allegedly represented himself as a member of the General Motors Acceptance Corp. and talked to Garcias about credit at reduced rates toward purchase of the Cimarron.

On 31 October 1981 Garcias, in a letter to Overvolds, rejected the car and demanded refund of payments made and return of the trade-in car. When Overvolds never returned their old car or their down payment, Garcias instituted this action. Garcias alleged breach of contract, breach of warranty, fraud, and misrepresentation and conspiracy to defraud. The trial court granted summary judgment in favor of Overvolds and Garcias appealed.

Summary judgment is a procedural device available for promptly and expeditiously disposing of a controversy without a trial if there is no dispute as to either the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved. Umpleby v. State of North Dakota, 347 N.W.2d 156, 159 (N.D.1984).

In considering a motion for summary judgment the court may examine the pleadings, depositions, admissions, affidavits and interrogatories, and inferences to be drawn therefrom, to determine whether or not summary judgment is appropriate. Umpleby, supra.

Summary judgment is inappropriate if neither party is entitled to judgment as a matter of law or if reasonable differences of opinion exist as to the inferences to be drawn from the undisputed facts. Umpleby, supra.

Even when factual disputes exist between the parties, summary judgment is appropriate if the law is such that the resolution of the factual dispute will not change the result. Such facts, in essence, are not considered material facts. Umpleby, supra.

On appeal from a summary judgment, we view the evidence in a light most favorable to the party against whom the summary judgment was granted. Umpleby, supra.

Garcias primarily contended that a genuine issue of material fact existed as to whether or not they had purchased a car with a "new" car warranty. Garcias admitted knowledge of the fact that the car had nearly 10,000 miles on it when they bought it, but contended that Overvolds led them to believe that they would nevertheless receive a special extension of the manufacturer's warranty. David Garcia asserted in an affidavit that "contemporaneously with the purchase of the car" Overvold salesman Russ Howard stated to him that the car was being sold as "new" with a full warranty. Garcia further asserted that Howard furnished him with a new car warranty information pamphlet, a copy of which he attached to his affidavit. Garcia also alleged in his affidavit that Howard told him that the...