Bailey v. Bode Bros.

The jury found that the plaintiff was deceived as to the make of the furniture solely by the conduct of Michael Bode, defendant’s salesman. There is credible evidence in the case that when the plaintiff first called at the defendant’s store a “Karpen” booklet was handed to her, which set forth the special qualities of “Karpen” made furniture, and which described certain tags on the furniture by which the make of the same could be identified. One Kaufman, one of defendant’s salesmen, testified as follows:

“While I waited on her I showed her ‘Karpen’ goods. I showed her other goods. I explained…