Vulcan Metals Co. v. Simmons Manufacturing Co. case brief

Vulcan Metals Co. v. Simmons Manufacturing Co. case brief summary
248 F. 853 (2d Cir. 1918)

CASE SYNOPSIS
An appeal was taken from judgment of United States District Court for Southern District of New York denying plaintiff's claim regarding defendant's 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.

CASE FACTS
A lawsuit resulted from a contract between plaintiff to purchase and defendant to sell vacuum cleaners. The district court denied plaintiff's claim regarding defendant's alleged misrepresentations, granted judgment on the notes, and dismissed a counterclaim that was based on defendant's misrepresentations.

DISCUSSION

• On appeal, the court found that some of the misrepresentations were not of a kind to be taken literally, but that other misrepresentations, regarding whether the product had been offered for sale previously, could have been determinative of plaintiff's final decision on the contract. 
• The court further held that the misrepresentations were not cured by language in the contract where it was not certain to catch the reader's eye. 
• The court reversed judgment for defendant in deceit action, affirmed judgment on notes because plaintiff could not rescind where it did not make offer to return purchases, and reversed judgment dismissing counterclaim where it involved same facts as deceit action.

CONCLUSION

The court reversed judgment in deceit action where misrepresentations could have been determinative of plaintiff's decision and retraction was not adequate, affirmed judgment on notes because plaintiff could not rescind where it did not offer to return purchases, and reversed judgment dismissing counterclaim where it involved facts from deceit action.

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