Karl Kiefer MacHine Co. v. Henry Niemes, Inc.

OPINION

By MATTHEWS, PJ.:

Because of the absence of a complete bill of exceptions, the many motions and the adjournment of the trial on the merits, the record is somewhat confusing. However, the following seem to be the essential facts:—

The plaintiff filed its bill of particulars in the Municipal Court, alleging a cause of action for damages suffered by reason of relying on false representations as to the amount of material furnished by defendant under a cost-plus contract with plaintiff, whereby plaintiff was induced to pay $1800.00 to the defendant. The difference between the amount of the…