Meyercord Co. v. Clark Wise & Co.

This action is one in assumpsit for goods sold and delivered in the agreed sum of $450, representing the value of some 7,200 decalcomania transfers.

Defendants, by their answer, denied any indebtedness in a greater sum than $165.05, and alleged that the contract was procured by fraudulent representations. Judgment was rendered in favor of plaintiff for the full amount prayed for, and defendants appeal.

It appears from the evidence that plaintiff corporation is a manufacturer of what is known as decalcomania transfers, which are designs or printed figures on specially prepared paper so manufactured as to be permanently affixed to furniture or wood.

Defendants are copartners engaged in the piano and musical instrument business, and use transfers indicating their firm name which they affix to the fall boards of pianos and talking machines. They were desirous of securing some of these articles in their business, and accordingly one of the officers of defendant company wrote to the plaintiff corporation that they were in the market for decalcomania transfers, The parties had transacted business together for a period of over thirty years. Upon receiving this communication plaintiff…