Unitype Co. v. . Ashcraft

CLARK, C. J., concurring; ALLEN, J., did not sit. This action was brought to recover the amount of eight notes, each for $25, given in part payment of the purchase price ($1,750) promised by the defendants to be paid to plaintiff for a Simplex Typesetting Machine, No. 2. C. H. Lombard, an expert machinist and (65) inventor of this machine, was sent by the plaintiff to close the contract with the defendants, who were printers and publishers of a newspaper at Monroe, N.C. He represented to them, as defendants allege and there was evidence to prove: "1. That Simplex No. 2 was an improvement on…