Grogan

This is an action to rescind an executed contract for the purchase of a pump. The complaint alleges that the defendant misrepresented the condition of the pump and stated to the plaintiff that it was in good condition; that it was free and loose in the well and casing and could be drawn from said well and casing without difficulty. It is further alleged that the defendant had no knowledge or information concerning said pump and had made no examination of it and relied upon the representations of the defendant; that the plaintiff paid the defendant the full purchase price agreed upon, which was $750, and thereafter went on the premises and “made use of all reasonable efforts and devices used in the drawing of pumps of the make and manufacture and type of the aforesaid pump; that the aforesaid pump was so constricted by the walls and easing of the said well, and was so securely impinged upon the sides and casing of the said well, and was so securely fastened in said well, by causes unknown and unascertainable, that the plaintiff was unable to raise or lift the said pump from the said well, and was compelled, after the exhaustion of all reasonable expense, effort, and the use of…