Lake Erie Nursery & Seed Co. v. Edwards

Opinion by

Trexler, J.,

The court below -entered judgment for want of a sufficient affidavit of defense.

The plaintiff’s claim was for $370 — for nursery stock consisting of various trees sold and delivered to the defendant in accordance with a written contract signed by the defendant. The contract contained a clause: “This order is not subject to countermand, and this contract' covers all terms, conditions or agreements between the purchaser and agent in relation to ■ said order.”

The defense is, first, that the plaintiff induced the defendant to sign the contract by stating that such trees as…