Victor G. Bloede Co. v. J. P. Devine Co.

Davis, J.:

The plaintiff seeks to examine before trial Devine, the president of the defendant corporation, and a defendant individually, and one Carroll, an employee.

The action arose over the sale by defendants to plaintiff of a machine for the manufacture of dextrine from starch. Two causes of action are stated in the complaint — one for fraud and deceit in the representations made by defendants at or preceding the sale, and the other on a warranty that the defendants would repurchase within one year at seventy-five per cent of the purchase price if the machine was not satisfactory. The…