Lloyd-Garretson Co. v. Marvin & Co.

1-3. Defendant by assigning its claim for $100 to Willamette Fruit & Produce Co. for the purpose of recovering same from plaintiff in the instant case rescinded the contract for the purchase of the peaches. Bringing the action for the return of the money so paid was a rescission of the contract to purchase. In the Willainette Fruit & Produce Co. case Lloyd-G-arretson Co., plaintiff herein, attempted to collect from said Willamette Fruit & Produce Co. the price for the entire carload of peaches. Said Lloyd-Garretson Co. as defendant in that case counterclaimed for that amount. As a matter of…