Fairbanks, Morse & Co. v. Burgert

Upon a former appeal of this case the judgment was reversed because the court did not submit the issues of fact to the jury. 81 Neb. 465. We held that it was competent for the defendant to prove that representations made to him by the plaintiff’s agent formed an inducement for the order upon which this action is predicated. It is provided in the order that “all the above (machinery ordered) for the sum of $225, which amount I will pay 60 days after outfit is erected and in good running order.” The defendant contends in effect that he was unacquainted with, and had no opportunity to examine,…