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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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