American Soda Fountain Co. v. Spring Water Carbonating Co.

This is an action upon an account annexed, only three items of which were disputed, they being items based on a written order for one hundred special drought arms to be manufactured “as per drawing submitted.” At the trial it was admitted that one hundred special drought arms manufactured according to the “drawing submitted” had been delivered to the defendant, and that $272 of the purchase price had been paid by it on account. But the defendant contended that the contract was procured by fraud and that it had been avoided on that ground. It set this up in defense to the action for the unpaid…