A. A. Murphy, Inc. v. Banfield

BERRY, Justice.

The agents of Frank Banfield, dba Ban-field Sales, approached Mr. and Mrs. Bo-gard in an effort to solicit their participation in an “economy food plan”. The selling point, as outlined by the agents, was that Banfield could substantially reduce Bogards’ living expenses by undertaking to supply, at wholesale prices, their usual household needs for meats and vegetables over a period of two years. For the storage of these provisions which were to be frozen and delivered in sizeable lots, Ban-field offered to sell Bogards a freezer unit on a time basis. Banfield represented that…