Troendly v. J. I. Case Co.

Respondent brought this action originally for rescission and incidental damages on account of fraud in the inducement of a contract for the purchase of certain threshing machinery. A judgment granting this relief was reversed because of insufficiency of the evidence to sustain the same, this court holding that there had been no sufficient proof of a return or offer to return the machinery so as to entitle plaintiff to rescission, and that the oral warranties were embraced in the written contract. (Troendly v. J. I. Case Co., 50 Ida. 506, 297 Pac. 1103.) Thereafter, on the coming down of the…