Anderson Foundry & Machine Works v. Myers

The appellant, the Anderson Foundry and Machine Works, sold to the appellee a steam-power brick machine, for the price of $550.00. • The appellee brought this action, claiming that he had sustained damages on account of the false and fraudulent representations of the defendant, and of breach of warranty. The theory of the complaint is somewhat uncertain. It is susceptible of being construed as an action to recover damages for false and fraudulent representations, and also for a breach of warranty.

It appears, from the instructions given, that the trial court construed the complaint as…