Ziegelmeier v. Allis-Chalmers Manufacturing Co.

The opinion of the court was delivered by

Hutchison, J.:

This was an action to rescind a contract of purchase of “one five (5) ton Holt tractor” and to recover the amount of money and.property paid in advance for it, the allegation being that the tractor received was not a “Holt tractor.”

The answer of the defendant company was a general denial and estoppel. The case was tried by a jury. At the close of plaintiff’s evidence the defendant company demurred thereto and the trial court overruled the demurrer. The defendant company stood on the demurrer and did not offer any evidence, and the court…