This section contains the nature of the case and procedural background.

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.

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