Troy Laundry MacHinery Co. v. Drivers' Independent Laundry Co.

Plaintiff brought this action to recover from defendant the sum of $900 as a balance alleged to be owing and unpaid on account of the purchase price of certain laundry machinery. A written contract dated December 16,1907, described the property purchased as “one second-hand, No. 3, Troy Triplex Mangle.” Defendant answered the complaint, admitting the execution of the contract and the performance of all the conditions required to be performed by plaintiff thereunder, and then alleged: “That prior to the signing of the contract set out in the complaint, and in order to and for the purpose of inducing the defendant to sign and execute said contract, the plaintiff represented to defendant and stated to the defendant that the mangle referred to in said contract was all right and would do the amount and kind of work usually done by the best of such machines; that plaintiff was well acquainted with said machine and knew its character and condition and the kind, amount and quality of work that said machine would do; that defendant was unacquainted with the amount, kind and quality of work that said machine would do, but knew that plaintiff was well acquainted with said facts and the…