Coleman v. Night Commander Lighting Co.

One of the material questions presented on this appeal and discussed in briefs of counsel is as to pleas 5 and 6; whether or not the alleged misrepresentations contained in them constitute a misrepresentation of fact or merely “trader’s talk.” At the time of the sale of the property, consisting of a carbide lighting plant, to appellant, the salesman is alleged to have stated to appellant that he knew what amount of carbide it would require to operate the same for the purpose of lighting appellant’s residence, and that the lighting plant would only consume 100 pounds of carbide in a period of…