Farmer v. Norm Fair Trade Stamp Inc‪.‬

Plaintiff in error (plaintiff below) filed his claim against the defendant in error (defendant below) for damages. The lawsuit involves a New Holland baler which plaintiff acquired from the defendant, a dealer in new and used farm machinery at Longmont, Colorado. However, the defendant was not a franchised dealer of New Holland balers of which fact the plaintiff had knowledge. The baler in question, although "new" from the standpoint of not having been used for its designed purpose prior to its sale to plaintiff, had been damaged prior to acquisition by the defendant while being transported over the highway. The defendant had knowledge of the damage and that it had been repaired, but the plaintiff was unaware of the damage and repair prior to purchase. Difficulties during a summer of operation, allegedly attributable to the undisclosed damage, precipated this lawsuit.