Harnischfeger Sales Corp. v. Coats

This is an action by plaintiff to recover the balance due on a conditional sale contract for the sale of a power shovel. Defendant answered and counterclaimed, setting up the defense of fraud. The jury brought in a verdict in favor of defendant on his counterclaim, in the sum of $2,500. The court, however, gave judgment for plaintiff notwithstanding the verdict, for the entire balance due on the contract. Defendant appealed.

The contract in this case was entered into after negotiations by defendant with plaintiff’s agent, and it is the false representations of this agent which constitute the…