Roth Shoe Mfg. Co. v. Kartus

This action is grounded upon the breach of a contract, entered into by and between the parties, for the sale and purchase of a lot of shoes, to be manufactured by plaintiff for defendant. The contract was proven, the refusal to comply on the part of defendant, and the amount of damages. The defendant by way of defense, through and by a plea, “in short by consent,” alleges fraud on the part of plaintiff’s salesman in obtaining the contract, in that the the salesman fraudulently misrepresented the contents of the contract and' relying upon this statement and without reading the contract…