Adjustment Department, Olympia Credit Bureau, Inc. v. Smedegard

The claims of error in giving and refusing to give instructions as they relate to the defense of fraud in an action upon a promissory note present the important questions before the court on this appeal.

The note was for $976.50, with interest at six per cent, payable on demand, upon which $200 had been paid. The note was payable to an undertaker and was for the expenses in connection with the funeral and burial of the respondent’s late husband. As a defense she alleged fraud, in that she was induced to select a $765 casket on the representation that it was the cheapest suitable casket; that…