McGuire v. Winkler

Shulman, Chief Judge.

This action was instituted by appellee to recover $2,200 from appellant as the balance due under a contract for the sale of certain welding equipment. Appellant had previously paid $4,500 on the contract, which is a simple contract of sale and a security agreement provided that it “constitutes the full and complete agreement between the parties hereto.” Appellant answered the complaint and set up the defense of fraud in the inducement by alleging that appellant entered into the sales contract on the promise by appellee that he was going out of business and would sell his…