Emerson-Brantingham Implement Co. v. Wood

The plaintiff in error sold to the defendant in error, under a written contract, a Big Four gas traction engine for the sum of $3,100, with freight to be added from Minneapolis, Minnesota, to Briggsdale, Colorado; $500.00 was to be paid in cash and the remainder in three promissory notes; one for $200.00 due June 15th, 1913; one for $1,200 due November 1st, 1913, and one for $1,200 due November 1st, 1914.

This action is by the defendant in error for a rescission *131of the contract. The agreement was dated March 29th, 1913, and in so far as it seems necessary to consider, recites:

“That as soon as…