Garofalo v. Commellini

A few days subsequent to Albert Commellini’s purchase of a garage business in Spokane, Peter Garofalo bought a one-half interest therein. Approximately six weeks later, Garofalo sold, for less than he paid therefor, his interest in the business to James J. Baroni. Within twenty-four hours, Garofalo, claiming Baroni acted for Commellini, tendered to Baroni the consideration paid and demanded return of the bill of sale. Garofalo’s endeavor to restore the status quo ante failed.

Three months thereafter, Garofalo and wife, alleging they had been defrauded by the misrepresentations of Commellini,…