February 19, 2016

Hinkle v. Rockville Motor Co., Inc. | Case Brief - 262 Md. 502, 278 A.2d 42 (1971) - Court of Appeals of Maryland

FACTS: Plaintiff purchased a car from defendant.  Later he discovered it wasn't new but used.  Defendant gave him back some money in exchange for a release from any further claims except those falling w/in his standard new car warranty.  Plaintiff later found out the car had been in an accident.

HISTORY: Defendant asked for directed verdict and got it.

ISSUE: Was there evidence indicating the vehicle's actual value at the time it was purchased?

HOLDING: Yes

RATIONALE: Maryland was a "flexible approach" to all plaintiffs to recover.

Plaintiff's evidence in regard to costs of necessary repairs should be the existence of damages.

DISPOSITION: Trial court erred in directing the verdict against Hinkle.

Judgement reversed and case remanded for new trial the appellee to pay costs.