Funke v. Holland Furnace Company

The Holland Furnace Company sold a new furnace to Mr. and Mrs. Joe Funke, an elderly couple living at Rowena, South Dakota. The furnace was not satisfactory and failed to heat the Funke home. This action to rescind the sale and recover the purchase price of the furnace upon grounds of fraud and breach of warranty followed. The trial court found fraud in the inducement of the contract and entered judgment in favor of plaintiffs in the amount of $923. Defendant appeals.

The trial court made and entered the following findings of fact:

“I.

“In June of 1958, upon the solicitation of defendant’s…