Boise Dodge v. Robert E. Clark Book Reviews

Boise Dodge v. Robert E. Clark by Supreme Court of Idaho No. 10196 Book Summary

Nearly all of the facts in this case are uncontroverted. In January, 1967, the management of Boise Dodge, Inc., decided to
make a special effort to sell approximately thirteen 1966 cars then held in stock as "demonstrators." The only conflict in
testimony came as Earl Morris, then the service manager for Boise Dodge, testified that Jack E. Day, then the general manager
of Boise Dodge, ordered him to have all the odometer readings on these cars set back to zero as well as to have the cars generally
cleaned up for sale. Morris said he persuaded Day to leave some miles showing on the odometers. Day denied ordering the odometer
setbacks but admitted he knew they had been set back when the cars were sold. In any event, the fact that the odometer on
the car purchased by respondent Clark was set back roughly 7,000 miles (from 6,968 to 165) was stipulated by Boise Dodge and
shown by an internal repair order of Boise Dodge and by the testimony of an employee of Superior Auto Products who did the
work on these "demonstrators" for Boise Dodge. Mr. Day is now a car salesman at Anderson Buick, and Morris, apparently fired
by Day, has now been rehired by Boise Dodge as its service manager. With these "demonstrators" on the lot, respondent Clark appeared at Boise Dodge on February 2, 1967, looking for a used Chrysler.
However, as Boise Dodge had no Chryslers, Clark and his wife decided to purchase one of the 1966 "demonstrators," a Dodge
Monaco, described by the two salesmen (now apparently unavailable) as a "new" car. Mrs. Clark asked how the car could be "new"
with 165 miles on it, and this was explained as the result of normal driving around the premises.

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