District Court of Appeal of Florida December 7, 1982, Nos. 80-2503, 81-1044 (Heider v. Cooper Brown Oldsmobile, Inc.)

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United States · · · 07-12-1982

BASKIN, Judge.

We affirm the summary judgment as to appellants’ claim for breach of an implied warranty of merchantability. With regard to the question of fraud, however, we find that the record contains depositions upon which a jury might conceivably conclude that General Motors’ conduct, in partially repairing the automobile purchased by appellant without revealing that it had been damaged,

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