Vulcan Metals Co. v. Simmons Mfg. Co. U.S. Cir. Ct. Of App.,

248 Fed. 853 (2nd Cir 1918).

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 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.