Duralith Corp. v. Van Houten

The opinion of the court was delivered by

Lloyd, J.

This was an action on a check given in pursuance of a written contract providing for the purchase of a paint material known as “Duralith.” The contract was executed by the parties, and the purchasers (the defendants) became the distributor and dealer for the plaintiff’s paints in the city of Paterson.

The defense to the action was that one Lieberman, sales agent of the plaintiff, had made certain representations to induce the making of the contract, which representations were false and material; that the contract had been in consequence…