Kessler v. Harry B. Loeb Piano Co.

HIGGINS, Judge.

Plaintiff, who purchased a radio from the defendant, brought this action to recover the sum of $300, $132 for the illegal and malicious seizure of the radio by the defendant, and $168 representing payments made on account of the purchase price of the machine, alleging that the sale should be rescinded and annulled on the ground of misrepresentation and fraud because the radio was represented and sold to her as a new machine, when, as a matter of fact and truth, it was a used one.

Defendant admitted the sale and the payment of $168, and that the radio had been seized, but denied…