Earl v. Saks & Co.

A. K.Barbee appeals from judgments, in consolidated actions hereinafter described, that respondent Mrs. Richard Earl is the owner of a certain mink coat and that Barbee owes respondent Saks and Company $3,981.25. He contends that an asserted sale of the coat to him by Saks, and an asserted gift of the coat by him to Mrs. Earl, were voidable, and were rescinded by him, because his consent thereto was induced by fraud of Mrs. Earl and Saks. We have concluded that these contentions are tenable.

On April 4, 1947, Barbee and Mrs. Earl went to the fur salon of Saks. A representative of Saks showed…