J. B. Colt Co. v. Kocher

The opinion of the court' was delivered by

Hopkins, J.:

The action was one to recover the purchase price of an acetylene lighting plant. The defense was that agents of the plaintiff had procured the contract through false and fraudulent representations. The defendants prevailed and plaintiff appeals.

The contract was dated August 21, 1922. It was in the form of an order addressed to the plaintiff requesting shipment of one carbide generator with various appliances aggregating a total price of $369. Pertinent parts thereof read:

“In consideration of the acceptance by the company of this order the…