VULCAN METALS CO. v. SIMMONS MFG. CO. U.S. Cir. Ct. of App., 248 Fed. 853 (2nd Cir 1918). CASE BRIEF

VULCAN METALS CO. V. SIMMONS MFG. CO.
U.S. Cir. Ct. of App., 248 Fed. 853 (2nd Cir 1918).
NATURE OF THE CASE: An appeal was taken from judgment of United States District Court for denying Vulcan's (P) claim regarding Simmons (D) alleged misrepresentations in a contract for the purchase of vacuum cleaners, from judgment on the notes, and from judgment dismissing counterclaim based on alleged misrepresentations.
FACTS: Simmons Mfg. Co. (D) sold patents and machinery for the manufacture of vacuum cleaners to Vulcan (P). D represented that the vacuum cleaners were absolutely perfect in even the smallest detail, that they worked completely and thoroughly and that it would last a lifetime and deliver perfect satisfaction from use if properly adjusted. P was told that the vacuum cleaner was never put on the market. After the sale P learned that the machines did not work as represented and were in fact unmarketable. D brought a suit against P for the collection of the notes for the purchase price of the parts. P sued for deceit. A directed verdict was given to D on each count. P appealed.

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LEGAL ANALYSIS:





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