Lee v. Industrial Laundry Machinery Co.

Defendant appeals from a judgment for $750 recovered against it by plaintiff. The action is one brought, in contract, for damages for breach of warranties in the sale of a laundry machine known as an ironer. Although plaintiff alleged in one part of his complaint that defendant made the warranties knowing them to be false and that plaintiff relied on them to his damage, the complaint as a whole clearly brands the action as one ex contractu, and the case was tried on that theory. Plaintiff did not make proof to support a fraud action. Furthermore, the trial court, in its charge, instructed the…