State v. Automatic Merchandisers of America, Inc.

The sole issue presented on this appeal is whether or not sec. 100.18 (1), Stats., applies to oral representations made in private conversations to prospective purchasers of the defendants’ products.

Although sec. 100.18 (1), Stats., was enacted by the legislature in 1925, this is the first time this court has been asked to interpret its provisions on the particular issue presented. The only interpretation which has been given to the statute is a 1925 opinion of the attorney general. The position was then taken that the statute applied only to printed representations and not oral ones. 14 Op.…