Evans

The appellant, as plaintiff, brought an action against appellees upon a contract entered into about April 6, 19-31, under the terms of which appellees agreed to purchase a linotype machine from the appellant, “trading in” an intertype machine owned by the appellees, which had just been damaged by a fire.

The appellant brought suit on the contract of sale. Appellees answered, admitting the execution of the contract, but as an affirmative defense, alleged that the contract was induced by fraudulent representations made to them by appellant’s agent as to the condition and usability of the appellees’ intertype machine, which was to be delivered to appellant as part payment on a new machine.

The assignments of error relate to the refusal of the court to direct a verdict in favor of plaintiff, and to the giving of certain instructions by the trial judge.

The affirmative answer alleges that prior to March-30, 1931, the appellees were partners in the printing business in the city of Eugene, Or., under the assumed business name of Valley Printing Company; that -as a part of the equipment of their establishment, they owned and operated an intertype typesetting machine, being the…