Nyquist v. Foster

— Virgil Nyquist brought this action to rescind the sale of a trailer which he purchased from appellants, Lloyd Foster and Alice H. Foster, doing business as the Sparlux Sales Company. The trial court, sitting without a jury, held that the sale had been induced by fraudulent misrepresentation, and that Nyquist was entitled to rescission.

Foster is a dealer for the Sparton Aircraft Company, a manufacturer of trailers. In the fall of 1951, Nyquist, desiring to buy ah aluminum sidewall trailer, called at Foster’s place of business in south Tacoma. At that time, Foster had no "aluminum trailers…