AMERICA SCALE MFG. CO. v. ZEE

No. 7529.

120 Utah 402 (1951)

235 P.2d 361

AMERICA SCALE MFG. CO. v. ZEE.

Supreme Court of Utah.

Decided September 11, 1951.


Attorney(s) appearing for the Case

Warwick C. Lamoreaux, Horace C. Beck, H.A. Smith, Salt Lake City, for appellant.

D.A. Skeen, Verl C. Ritchie, Salt Lake City, for respondent.


COWLEY, District Judge.

Plaintiff brought this suit in claim and delivery to recover 19 coin operated weighing scales which plaintiff sold to the defendant under a title-retaining contract. In the alternative, plaintiff prayed for the value of said scales in the sum of $2,328.45 in the event possession could not be had.

Defendant answered and counterclaimed asking for rescission of the contract on the grounds of fraud; that defendant be granted judgment of...

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