Plant City Steel Corp. v. National Machinery Exchange, Inc.

Steuer, J. (dissenting).

I believe that the decisive issues were neither presented to the court nor decided, and hence a new trial is required.

The basic facts are these: Plaintiff bought a machine from defendant. Plaintiff claims that the machine was incapable of doing the work plaintiff bought it for and which defendant represented it could do. Plaintiff brought an action to rescind. An agreement of settlement was entered into. By its terms defendant agreed to deposit $13,000 in escrow to be paid to plaintiff on return of the machine in the same condition as when delivered to plaintiff. The…