Wheeler v. Friendly Motors, Inc., 51779
| Decision Date | 08 March 1976 |
| Docket Number | No. 51779,No. 1,51779,1 |
| Citation | 138 Ga.App. 260,226 S.E.2d 95 |
| Parties | C. R. WHEELER v. FRIENDLY MOTORS, INC., etc |
| Court | Georgia Court of Appeals |
Howard S. McKelvey, Jr., John F. Sheehy, Marietta, for appellant.
Swift, Currie, McGhee & Hiers, Clayton H. Farnham, Atlanta, for appellee.
This suit was brought under the Federal Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 1989. Plaintiff alleged he purchased a used car from defendant and that defendant had knowledge that the mileage indicated on the odometer was in error and failed to disclose this fact with intent to defraud plaintiff. Defendant's motion for summary judgment was granted. Held:
In support of its motion defendant established that plaintiff filed a similar action in the State Court of Clayton County against another auto dealer and pleaded in his complaint that at the time of plaintiff's purchase of the same automobile from Friendly Ford it had been driven more than 74,717 miles, 'but was unknown at the time of transfer to either the plaintiff or Friendly Ford.' An admission contained in the pleadings of one party made by him in another case are admissible in evidence against him when relevant to an issue involved in another case. Kelly v. Chrysler Corp., 129 Ga.App. 447, 199 S.E.2d 856. Plaintiff does contend that this admission was withdrawn by an amendment to his pleading but the record does not show that. The plaintiff has not disputed or disproved this admission. The evidence demanded a judgment for defendant as a matter of law.
Judgment affirmed.
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Hall v. Riverside Lincoln Mercury-Sales, MERCURY-SALES
...have heard claims based upon the Act without questioning the propriety of their exercise of jurisdiction. Wheeler v. Friendly Motors, Inc. (1976), 138 Ga.App. 260, 226 S.E.2d 95; Don Medow Motors, Inc. v. Grauman (Ind.App.1983), 446 N.E.2d 651; Rasmussen Buick-GMC, Inc. v. Roach (Ia.1982), ......
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Wise, Simpson, Aiken & Associates, Inc. v. Rosser White Hobbs Davidson McClellan Kelly, Inc.
...Count 5 sought, in the alternative, quantum meruit recovery for services performed in Count 4. Appellee, citing Wheeler v. Friendly Motors, 138 Ga.App. 260, 226 S.E.2d 95, contends that appellant is bound by solemn admissions in judicio contained in a complaint filed by appellant in a diffe......
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Firestone Tire & Rubber Co. v. Pinyan, 59916
...does not seek an estoppel based upon admissions made in Pinyan's pleadings in the Fulton County case. Compare Wheeler v. Friendly Motors, 138 Ga.App. 260, 226 S.E.2d 95 (1976); Kelly v. Chrysler Corp., 129 Ga.App. 447, 199 S.E.2d 856 (1973). What Firestone seeks, in effect, is the admission......
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Perling v. Perling
...contained in the husband's answer in the previous case were admissible against him in the present case. Wheeler v. Friendly Motors, 138 Ga.App. 260, 261, 226 S.E.2d 95 (1976). However, he was not estopped to deny the substance of those admissions and was entitled to explain in this case his......