Nelson Equipment Company, a Corporation v. United States Rubber Company

Appellant, hereafter the Dealer, appeals from a judgment denying him recovery of his purchase price of $5,618.88 for 4,800 feet of fire hose bought from appellee, hereafter the Manufacturer, the District Court holding the dealer has not maintained its burden of proof that the fire hose was defective when delivered nor any agreement for a rescission of the contract of sale to Dealer, and hence Dealer was not entitled to return it to the manufacturer with the latter’s repayment of the purchase price.

Dealer was engaged in the sale of fire hose and other equipment to the cities in the State of Washington. Seattle, a city in that state, advertised for bids for fire hose of the quality here involved. Dealer enquired of the Manufacturer, which made such fire hose, whether it would sell it to Dealer and deliver it to Seattle, and the price thereof. The manufacturer agreed to deliver its hose to Seattle and fixed the price to be paid by Dealer. The Dealer then determined its price for its sale of the hose to Seattle, made its bid to Seattle for that amount and Seattle accepted Dealer’s bid.

Thereafter Manufacturer delivered the hose to Seattle on April 8, 1952, and Dealer paid…