Banner v. Lyon & Healy, Inc.

The judgment is predicated upon the fraud of the individual defendant Freeman (the corporate defendant being held hable as principal) in the sale of a violin to the plaintiff. Concededly Freeman by written certificate represented the instrument to be the work of the famous “ Master Antonius Stradivarius in Cremona 1717 as shown by the label it bears.” It was likewise represented that the “ top ” (also described as “ belly ” or “ table ”) was of “ spruce of Stradivarius’s choicest selection and is unique among his Violins we have seen by reason of its unusual strength.” It is also conceded by…