Malas v. Lounsbury

The following opinions were filed June 20, 1927:

Rosenberry, J.

The principal contention of the plaintiff is that, the conditional sales contract having been procured by false and fraudulent representations, it is voidable both as to the defendant Lounsbury and his assignee, the defendant company.

The contention of the defendant company is that, the plaintiff having knowingly and intentionally signed the contract which contained a recital to the following effect:

“This agreement witnesseth: That Modern Equipment & Engineering Company [Lounsbury], hereinafter called ‘the seller,’ has sold, and…