May 23, 1974.
BRAILSFORD, Justice:
Plaintiff appeals from summary judgment for defendant in an action for fraud and deceit in the sale of automobile tires. Judgment was awarded on theory that deposition of plaintiff and of one of defendant's employees showed that there was no fraud and that plaintiff had not suffered any damage. We disagree. Plaintiff deposed that the tires were advertised by defendant's local store as guaranteed for 40,000 mile radials, and...
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