Nelson Equipment Co. v. Estep

This action was brought to recover the balance due on a conditional sale contract covering certain excavating equipment which the defendant had purchased for use on his LeRoi “Tractair” (power tractor). The defendant cross-complained for cancellation of the contract, alleging that the plaintiff had breached an implied warranty of fitness and had induced the sale by misrepresentation. The cause was tried to the court. No finding was proposed regarding the alleged misrepresentation, and the court made none. No argument is made on this issue, and we deem that portion of the cross-complaint…