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UPTON v. PARKWAY MOTORS, INC.

Gen. No. 67-98.

90 Ill. App.2d 426 (1967)

232 N.E.2d 513

David R. Upton and Jeranne Upton, Plaintiffs-Appellees, v. Parkway Motors, Inc., Defendant-Appellant. Parkway Motors, Inc., Third Party Plaintiff-Appellant, v. Lou Bachrodt Chevrolet Co., a Corporation, Third Party Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied January 18, 1968.

Attorney(s) appearing for the Case

Beckstrand and Ritz, Kenneth F. Ritz, and Fred L. Wham, III, of Rockford, for appellant.

Miller, Hickey, Collins, Gilbert & Powers, of Rockford, for appellees.

MR. JUSTICE MORAN delivered the opinion of the court.

In September of 1964 the plaintiffs purchased a used 1964 Chevrolet Corvette automobile from the defendant, Parkway Motors, Inc., and were allowed a credit of $1,595 for an older model automobile which was traded in. Prior to making the purchase, plaintiffs test drove and inspected the car. According to plaintiffs' testimony, they were told by Parkway's salesman that the car "had never been wrecked." Two other...

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