Pickens v. Crowley-Milner & Co.

On July 13, 1928, the defendant Crowley-Milner & Company sold a gasoline air pressure stove, known as the “Nesco,” to Mrs. Whittemore, the grandmother of the plaintiff Lucia C. Pickens. The price was $33, $3 of which was then paid and a contract entered into for the payment of the balance in monthly payments of $5 each. Mrs. Lucy McCloskey, a daughter of Mrs. Whittemore, was with her at the time, and acted as spokesman for her in making the purchase. No demonstration of its operation was made. The stove was delivered the next day, crated, but was easily uncrated and set up for use. With it…