Holland Furnace Co. v. Korth

Holland Furnace Company brought this action against Una J. Korth to recover the unpaid contract price for converting defendant’s heating plant from gas to oil. The trial court sustained an affirmative defense based on rescission for fraud, and dismissed the action. Plaintiff appeals.

The essential facts, as found by the trial court, may be summarized as follows: Miss Korth was obtaining unsatisfactory service from an old cast-iron coal and wood furnace which had been converted for the use of gas, with gravity circulation of warm air. On November 12, 1951, she contacted plaintiff company…