McCaskey Cash Register Co. v. Krause, 959.
| Decision Date | 09 October 1930 |
| Docket Number | No. 959.,959. |
| Citation | 31 S.W.2d 858 |
| Parties | McCASKEY CASH REGISTER CO. v. KRAUSE. |
| Court | Texas Court of Appeals |
Appeal from McLennan County Court; Kyle Vick, Judge.
Suit by the McCaskey Cash Register Company against W. F. Krause. From the judgment, plaintiff appeals.
Affirmed.
H. P. Jordan, of Waco, for appellant.
Taylor, Atkinson & Farmer, of Waco, for appellee.
Appellant instituted this suit against appellee to recover judgment for the purchase money of one Model 43, Credit System Cash Register, same having been sold to appellee under a written contract.
Appellee admitted the execution of the contract, but alleged that he should not be held liable thereon because of certain false and fraudulent representations made by the agent of appellant at the time and before said contract was signed, which induced and caused him to execute same. He alleged that but for said false and fraudulent representations he would not have executed said contract. He tendered the register to appellant.
The cause was tried to the court and resulted in judgment being entered denying appellant any recovery on said contract but awarded it the register in question.
Appellant, in its brief, presents five propositions. Under same, however, its sole contention is that the trial court committed error in permitting appellee W. F. Krause to testify to certain representations and statements made to him by the agent of appellant relative to said register at the time the contract was signed; appellant's contention being that said testimony was an effort on the part of the appellee to vary and contradict the terms of the written contract. We overrule these propositions. The rule seems to be well settled that whenever a contract has been obtained by false and fraudulent representations which induced the party to make same, it may be avoided by the party thus defrauded. Edward Thompson Co. v. Sawyers, 111 Tex. 374, 234 S. W. 873, 874; J. B. Colt Co. v. Wheeler (Tex. Civ. App.) 12 S.W.(2d) 1102, error dismissed (Tex. Com. App.) 23 S.W.(2d) 299. The rule is well stated in Thompson Co. v. Sawyers, supra, as follows:
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