Weitzman v. Bergstrom

The respondent E. Y. Bergstrom advertised in the newspaper that he had money to invest in a small business, and an agent of the appellant contacted him with an offer to sell him a vending machine “route” consisting of 1,000 machines which vended chewing gum balls, candy and trinkets, which were allegedly installed in supermarkets and other stores. These machines are familiar items and are known to be patronized by children.

The agent represented that the vending machines or dispensers had been installed for at least 5 months and that they yielded sufficient funds to afford a profit of…