Larry, in the market for a car, goes to the local Auto Max, Inc. dealership. There he is told by Sam , salesman that a particular car of interest to Larry has "new tires, with less than 5,000 miles on them." in fact, the tires are not new; they are about due to be replaced. Larry purchases the car. A month later, larry is injured when one of the tires blows out while Larry is driving down the highway. It is determined that the cause of the blowout was that the tire, well worn, was pierced when it went over a sharp rock lying on the roadway. Can Auto-Max, Inc., be held liable, under misrepresentation theory for the harm Larry sustained?