Sears, Roebuck & Company v. Hollingsworth

Respondent sued petitioner for damages resulting from allegedly fraudulent representations made to her by petitioner’s employees by which she was induced to buy and use certain plastic bathroom tile.

After the suit was filed, respondent, on January 27, 1955, voluntarily submitted herself to the jurisdiction of a Notary Public for the purpose of giving an oral deposition. In the course of giving her deposition she testified that she had replaced the plastic tile purchased from petitioner with clay tile, purchased from another, for which she paid approximately $1,200.00 by personal check. She…