(DOWNLOAD) "Thoroughbred Ford v. Ford Motor Company" by Eastern District, Division Four Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Thoroughbred Ford v. Ford Motor Company
- Author : Eastern District, Division Four Court of Appeals of Missouri
- Release Date : January 15, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Plaintiffs, Thoroughbred Ford (Thoroughbred), Robert Porter (Porter), Roger Porter (Roger) and Brenda Porter, appeal from the trial court's judgment granting judgment notwithstanding the verdict in favor of defendant Ford Motor Company (Ford) on plaintiffs' claim that Ford prevented them from selling the Thoroughbred motor vehicle franchise in violation of the Motor Vehicle Franchise Practices Act (MVFPA), §§ 407.810-.835 RSMo. 1994. Plaintiffs also appeal from the trial court's grant of directed verdicts in favor of defendants, Ford and Ford Leasing Development Company (Ford Leasing), on plaintiffs' remaining claims alleging that Ford committed fraudulent misrepresentation and fraudulent concealment and breached the covenant of good faith and fair dealing implied in a franchise contract between the parties and that Ford Leasing violated the MVFPA and breached the covenant of good faith and fair dealing implied in a lease between the parties. Moreover, plaintiffs contend the trial court erred in making a number of rulings excluding various items from evidence. We affirm. Viewed in the light most favorable to plaintiffs, the facts are as follows. In late 1984, Porter became interested in purchasing Schneider Ford, a Ford dealership located northeast of downtown Kansas City at the intersection of Independence and Paseo, an area that was declining economically. At trial, Porter testified that in May 1984, prior to his purchase of the dealership, he became concerned that the dealership was a ""delete point,"" a Ford designation assigned to a dealership based upon market studies meaning that such a dealership will be ""eliminated at the time of dealer change."" Porter testified that he contacted by telephone Joseph Heisler, district sales manager for the Kansas City area Ford district, and Heisler assured Porter that the dealership was a ""move point,"" not a ""delete point."" Porter contends Heisler additionally stated that Ford planned to move the dealership to the intersection of Interstate 29 and Barry Road, an area north of Kansas City near the airport. Heisler thought it would be an excellent location for a Ford dealership because of the area's strong economic growth potential. Porter testified that he was induced into buying the dealership by Heisler's representation that Ford planned to move the dealership to I-29/Barry Road.
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