H. L. Peterson Co. v. Applewhite

The background of this appeal is a suit which arose out of the sale by Peterson, a dealer, of a new type silo and related equipment manufactured by A. O. Smith Corporation to the Applewhites, father and son, who were dairy operators. Smith sued the Applewhites on a note representing the balance due on the purchase price. The note was secured by a chattel mortgage on the silo and related equipment. The Applewhites, in turn, asserted a claim against Smith and Peterson based on alleged false representations on their part in procuring the sale and purchase. Judgment was rendered in favor of Smith against the Applewhites for the balance due on the note and for foreclosure of the mortgage; and for the Applewhites against Peterson in the same amount for legal fraud. The case was tried to the District Court without a jury and the decision of the court, including its findings and conclusions, is reported as A. O. Smith Corporation v. Applewhite, S.D.Tex., 1965, 255 F. Supp. 785. We affirm.