American Paper Co. v. Hastings

Appellant, the American Paper Company, brought this action to recover from respondents, operating an automobile tire and repair shop, an amount claimed to he due on a sale by appellant to respondents of a quantity of automobile tires. Respondents, as an affirmative defense, alleged that the purchase was made by them with the understanding that appellant would buy hack certain of the tires, would give respondents all its tire repair work, and would assist, through its salesmen, in selling the tires. They asked for a rescission of the contract, alleging breach by appellant in its failure to…