Samuel Campbell appeals from the denial of his motion for judgment notwithstanding the verdict or, alternatively, for a new trial after a jury verdict and judgment in an action brought against him by David Beak. Campbell raises only two enumerations of error, complaining that the trial court erred in denying both alternatives in his motion, but he argues a number of reasons as to each. We find no merit in any of Campbell’s arguments, and we affirm the trial court’s denial of Campbell’s motion.
Construed to support the jury’s verdict, the evidence presented at trial showed that Campbell purchased a 1998 Infiniti Q45 automobile in January 1999 from a dealer in Alabama. The vehicle had been in a wreck and had been totaled by the insurer, and the dealer had bought it at auction. The car had a salvage title. Campbell bought parts himself and had the car repaired. He then had the car inspected so that he could obtain a new title. After failing the first inspection, the car passed the second inspection and Campbell was issued a new, non-salvage title. Campbell and his wife drove the car for several months, then offered it for sale. He placed an advertisement in the Atlanta Journal and received about 15 calls in response. Beak responded to the ad. He testified that when he asked Campbell “specifically, what was the condition of the car. Had the car ever been wrecked, damaged, or in an accident,” Campbell responded that it had not. Beak told Campbell he would get back to him. One other person came out to look at the car, drove it, and made Campbell an offer. That person mailed Campbell a deposit. Before Campbell received the check, however, Beak called again and asked if the car was still for sale. Beak testified that he again asked Campbell about the car’s history and condition. When Campbell told him another person had mailed a deposit, Beak asked him if he would consider selling him the car if he came with a cashier’s check before Campbell received the check in the mail from the other interested party. Campbell said he would, and Campbell, Beak, and a co-worker of Beak’s met at a service station. Beak testified that he again asked Campbell whether the car had ever been “wrecked, damaged, or in an accident,” and Campbell said it had not been. Either because Beak noticed a that “something looked a little bit off on the paint color” or because Campbell told him that his daughter had a very minor accident, Campbell told Beak that the front bumper had been repainted. This apparently satisfied Beak, and he and Campbell then reached agreement and signed a bill of sale, with Beak paying $34,350 for the car “as is” and Campbell handing over the car and title.
