America Scale Mfg. Co. v. Zee

COWLEY, District Judge.

Plaintiff brought this suit in claim and delivery to recover 19 coin operated weighing scales which plaintiff sold to the defendant under a title-retaining contract. In the alternative, plaintiff prayed for the value of said scales in the sum of $2,328.45 in the event possession could not be had.

Defendant answered and counterclaimed asking for rescission of the contract on the grounds of fraud; that defendant be granted judgment of $837.90, together with interest, and thereupon the defendant would redeliver the scales to the plaintiff. The sum of $837.90 represents the…