Stern v. Moneyweight Scale Co.
District of Columbia Court of Appeals
Hearing on an appeal by the defendant from a judgment of .the Supreme Court of the District of Columbia in plaintiff’s favor, for want of a sufficient affidavit of defense, in an action to recover the price of a computing scale alleged to have been sold by plaintiff to defendant. The Court in the opinion stated the facts as follows: Appeal from a judgment for the plaintiff, .Moneyweight Seale Company, appellee here, in the supreme court of the District under the 73d rule.
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Hearing on an appeal by the defendant from a judgment of .the Supreme Court of the District of Columbia in plaintiff’s favor, for want of a sufficient affidavit of defense, in an action to recover the price of a computing scale alleged to have been sold by plaintiff to defendant. The Court in the opinion stated the facts as follows: Appeal from a judgment for the plaintiff, .Moneyweight Seale Company, appellee here, in the supreme court of the District under the 73d rule. The declaration is in two counts. The first declares on a written order in which the defendant requested the plaintiff to…
1Opinion of the CourtJustice Kobb
If the averments in the affidavit of defense are true, and we must here assume them to be, the defendant was induced to sign the order and note through the misrepresentations of plaintiff’s agent. May he defend this action upon such a ground ? It is true that it is as much the duty of a person who cannot read the language in which a contract is written to have someone read it to him before he signs it, as it is the duty of one who can read to peruse it himself before signing it. Toledo Computing Scale Co. v. Garrison, 28 App. D. C. 243. But this general rule does not reach the case before us.…
2Cases cited6 opinions
- Linington v. StrongIllinois Supreme Court · 1883
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Providence Jewelry Co. v. CroweSupreme Court of Minnesota · 1911
- J. Weil & Co. v. Quidnick Manufacturing Co.Supreme Court of Rhode Island · 1911
- American Fine Art Co. v. Reeves Pulley Co.Court of Appeals for the Seventh Circuit · 1904
1 more not listed; retrieve them via the Exa API.
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- Saylor v. Handley Motor CompanyDistrict of Columbia Court of Appeals · 1961
- Bob Wilson, Inc. v. SwannDistrict of Columbia Court of Appeals · 1961
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