Freemantle v. United States Hoffman Machinery Corp.

Appeal from a judgment dismissing the complaint and granting affirmative judgment in favor of the defendant upon its counterclaim, upon a motion made *635by the defendant under rule 112 of the Rules of Civil Practice. This action was brought to rescind a contract for the purchase of certain laundry machinery which had been entered into between the plaintiff, as vendee, and the defendant as vendor, on March 9, 1954. The plaintiff contended that the capacity of the machinery was not sufficient for the needs of her business, in violation of an implied warranty of fitness claimed to have arisen…