Pugh

Plaintiff-appellant brought action against defendant-respondent to recover money due for materials furnished and installed in accordance with a written proposal accepted by respondent. The proposal, a filled-in form used by appellant, provided that appellant would furnish and install certain plate glass and Thermopane glass for use in respondent’s place of business for the sum of $1,546. The answer of respondent asserted breach of warranty and fraud. The trial court found no warranty but held that the contract had been induced by fraud and allowed damages in a sum exceeding the contract price. This appeal followed.

While respondent was engaged in improving his place of business, he determined to investigate the advisability of using Thermopane glass for the purpose of floral display under refrigeration. ■ He planned to build the display ease so that it would form a part of the exterior wall of his store. He had used an evaporatively-cooled display ease inside his store and had had trouble from condensation of moisture on the glass, preventing visibility. This he wished to avoid. He called a representative of appellant to visit him at his place of business and discuss the use of…