The opinion of the court was delivered by: MUIR
Rider Oldsmobile, Inc., an automobile dealership, seeks damages from one of its customers, Thomas A. Wright, under the provisions of the Motor Vehicle Information and Cost Savings Act of 1972, 15 U.S.C. §§ 1901 et seq. The portion of the Act relevant to this case is Subchapter IV, 15 U.S.C. §§ 1981 et seq., which imposes on the transferor of an automobile certain requirements of disclosure with respect to odometer readings. No party having demanded a trial by jury, the case was tried to the Court with an advisory jury on June 2, 1976. The Court makes the following findings of fact:
1. Plaintiff Rider Oldsmobile, Inc., is a Pennsylvania Corporation, having its principal place of business at 121 South Burrowes Street, State College, Pennsylvania. (Uncontested)
2. Plaintiff is engaged in the business of selling new automobiles and in buying and selling used automobiles. (Uncontested)
3. Defendant Thomas A. Wright is an individual who resides at 521 Hillcrest Avenue, State College, Pennsylvania. (Uncontested)
4. On or about November 1, 1972, Defendant purchased a 1972 Chevrolet Estate Stationwagon automobile, Vehicle Identification No. IN35V2T266863, hereinafter "1972 Chevrolet", and was the sole owner of said automobile until September 10, 1975. (Uncontested)
5. On or about September 9, 1975, Defendant's 1972 Chevrolet had been driven over 135,000 miles, although the odometer reading on that date indicated mileage amounting to not more than 35,690 cumulative miles. (Uncontested)
6. On September 9, 1975, Defendant visited the office of Charles Rider, II at Plaintiff's place of business, for the purposes of negotiating the purchase of a new model station-wagon and negotiating the sale of his 1972 Chevrolet. (Uncontested)
7. Charles Rider II and John Jabco were at all times acting as agents, servants and employees of Plaintiff.
8. A memorandum of the above-mentioned transaction was made on September 9, 1975, by Charles Rider, II, a copy of which was given to Defendant. This memorandum is Plaintiff's Exhibit # P-1.
9. On September 9, 1975, Defendant agreed to sell and Plaintiff agreed to buy the 1972 Chevrolet for the amount of $3,054.00, which amount was to be deducted from the purchase price of a 1976 Oldsmobile Stationwagon which Plaintiff agreed to sell to the Defendant. (Uncontested)
10. On September 9, 1975, Defendant gave Plaintiff's agent, Charles Rider, II, the amount of $1,000.00 toward the purchase of the 1976 Oldsmobile automobile, which amount is evidenced by a receipt given by Plaintiff to Defendant (Plaintiff's Exhibit # P-2). (Uncontested)
11. On September 9, 1975, Defendant gave Charles Rider II instructions to prepare and have ready for the next day the new 1976 Oldsmobile automobile.
12. On September 10, 1975, Defendant returned to Plaintiff's place of business for the purpose of delivering and transferring his 1972 Chevrolet to Plaintiff.
13. On September 10, 1975, Plaintiff, its agents, servants, and employees, had no knowledge that the 1972 Chevrolet had been driven more than 35,690 miles.
14. On September 10, 1975, Defendant gave Plaintiff's agent, John J. Jabco, the amount of $1,248.00 toward the purchase of the 1976 Oldsmobile automobile, which amount is evidenced by a receipt given by Plaintiff to Defendant (Plaintiff's Exhibit # P-4). (Uncontested)
15. On September 10, 1975, Defendant transferred title and possession of the 1972 Chevrolet to ...