Milwaukee Tank Works v. East Jordan Co-Operative Ass'n

Under written contract plaintiff sold and delivered to defendant gasoline filling station pumps. This suit was brought to recover the agreed price and plaintiff had judgment. Defendant reviews by writ of error. Under plea of the general issue defendant gave notice of the following special defense:

“That the plaintiff, by and through its agent, in order to induce defendant to execute the contract, wrongfully, falsely and fraudulently represented to the defendant that if the bowl was full of gasoline and a customer wished to purchase three gallons, that the attendant could serve the customer by…