Kloppstein v. Fries

Upon this appeal it appears that the defendant bought the Gramm boxes because of the hydraulic lifts which were described to him by the plaintiff. The trial court found the facts to be that “plaintiff stated that the hoist would lift up to four tons; defendant relied upon plaintiff’s statement and welded the boxes to his wagons before he tried the hoists; the defendant discovered within the first hour . . . that the hoist would not lift . . . even a load estimated to be between two and three tons, but, nevertheless, continued to use the boxes from September 23, 1947, to October 9, 1947.”

In…