Aultman & Taylor Machinery Co. v. Schierkolk

The opinion of the court was delivered by

Mason, J.:

On January 2, 1912, the Aultman & Taylor Machinery Company brought replevin against E. Sehierkolk for the recovery of a quantity of machinery on which it had a chattel mortgage. Judgment was rendered for the defendant, and the plaintiff appeals.

The mortgage was for $2406. Of this amount $1500 represented the purchase price of an engine bought by the defendant from the plaintiff. The defendant maintained that he had been induced to buy it by fraudulent representations concerning it, that he had rescinded the contract of purchase, and that the…