Sunshine Department Stores, Inc. v. H. & D. Folsom Arms Co.

Hall, Judge.

The defendant assigns error on the trial court’s granting the plaintiff’s motion for summary judgment. This was an action on account, and the defense is based solely on alleged false and fraudulent representations made by the plaintiff’s agent to induce the sale. The defendant contends that these false representations gave it the right to rescind the sale. An affidavit filed by the defendant in response to the plaintiff’s motion for summary judgment showed that the defendant, after discovering that the merchandise was not as represented by the plaintiff’s agent, offered it for…