Laundry MacHinery Co. v. . Skinner

WINBORNE and DENNY, JJ., concur in dissenting opinion. The plaintiff brought this action to recover a balance of $549.98, and interest, alleged to be due on the purchase price of laundry machinery sold to the defendant under a written sales contract, accompanied by installment notes. The defendant denied the indebtedness, and by way of affirmative relief demanded $591.75 damages by reason of fraud alleged to have been practiced upon it in the sale — "false and fraudulent representations, warranties and guarantees" made by the agent of the plaintiff, which it is alleged induced the defendant…