Washington Supreme Court January 23, 1964, 36468 (McInnis & Co. v. Western Tractor & Equipment Co.)

Donworth, J.

This is an appeal from a judgment by which respondent was awarded damages based on a finding that respondent did not receive the grading equipment that it ordered and for which it had paid appellant. The complaint alleged certain specific misrepresentations on the part of appellant which induced the sale of the equipment, and prayed for damages. No rescission was sought.