McInnis & Co. v. Western Tractor & Equipment Co.

— This is the second appeal arising from the sale of a LeTourneau-Westinghouse tractor-scraper unit by defendant Western Tractor & Equipment Company to plaintiff Mclnnis & Company. On the first appeal, heard en banc, we reversed and remanded the cause for further evidence on issues of fraud and damages. McInnis & Co. v. Western Tractor & Equip. Co., 63 Wn.2d 652, 388 P.2d 562 (1964).

Our opinion affirmed the trial court’s findings and conclusions that the tractor-scraper unit was not new, unused, and the latest model as represented to be by the seller, but we held that the buyer, because of…