Fines v. West Side Implement Co.

— This is an action for damages based on a claimed rescission of the contract for the sale of a harvester. The defendants were the dealer, who sold the harvester to the plaintiff, and the manufacturer of the harvester. The trial court dismissed the action as to the manufacturer at the close of the plaintiff’s case, and the plaintiff appeals.

Two issues are presented by the parties to this appeal:

1. Was there evidence to go to the jury that the plaintiff, Merritt Fines, relied on a false statement or statements contained in the advertising literature of the manufacturer, the defendant…