The O.S. Stapley Co. v. F.O. Newby

This is an action by 0. S. Stapley Company, a corporation, plaintiff, against F. 0. Newby, defendant, to recover the amount plaintiff claims to be due it under an agreement for the purchase and sale of a certain harvester thresher and tractor. Defendant answered admitting the agreement to purchase but alleging that he rescinded the contract for the reason that the property purchased was not in condition as warranted by plaintiff, and cross-complained alleging, in substance, that he had purchased the machinery relying on certain representations and warranties of plaintiff, which warranties…