Mexico weekly ledger., 1892-03-10
JUDGE HUGHES RENDERS MS DE.
CISION IN FAVOR OF
BRIT RING0.
The Opinion of the Judge in Full
The Case to beAppealed--Moti0n
for New Hearing.

The object of this suit is to receive
and set aside written contract be-
tween plaintiff and defendant in
which plaintiff transfers and sells
to defendant stock of furniture
and other goods for and in considera-
ton of an undivided one-half inter-
est of defendants in an invention
known as the Ringo Folding Bed,
and the latter's patent applied for.
The facts alleged by plaintiff in his
petition, why this contract should be
set aside, are as follows:
First. 'That in the negotiations
the defendant, for the fraudulent
purpose of inducing plaintiffsto buy
of him his interest in said pretended
invention, represented to plaintiff,
| that his said Ringo Folding Bed was
and is constructed and supposed to
be constructed as to its general and
main parts like the said Windsor
Folding Bed and Andrews Folding
Bed, to stand up like clothes press
when not in use with a movable
front, constituting the bedstead, Sc
cured in an outside frame work and
about of the same size as the folding
beds aforesaid operates with weights,
about~six feet eightinches high, four
feet broad and about twenty-five to
twenty-seven inches deep from front
to rear at the base, which said Ringo
Folding Bed was designed as so rep
resented by him to entirely dispose
with said weights and instead there
of (for the purpose of counteracting
and balancing the weight of the fold
ing part of said bedstead, bedsprings,
mattress, bedding, comforts, blan-
kets, ETC., usually used. togeth-
er with a looking glass of any size
desired), two spiral or coiled
springs are to be used, the upper
end of each of said springs fastened
into cross beam and the lower end
of each of said springs so construct
ed with the back and rear end of an
Iron circular track that rollers secur-
ed to the bottom end of the folding
part of said bed may in unfolding
and letting down of the bed roll back
wards on the top side Of said tracks
| (Which are circular on the top side)
and as they roll back are designed
to increase the tension on said spi-
raj springs SO as to cause the in
creasing leverage and weight of the
bed in being unfolded and let down
Ito be equalized by the power of said
Isprings and also to have legs about
one foot long to hold up the end OF
the bed when let down, the whole
Iobject and supposed purpose of said
supposed improvement being to re-
duce the weight of the folding bed
so that it may be easily moved about
upon four roller castors by the house
keeper with safety, decrease the cost
of construction and lessen the costs
and expenses of shipment and thus
produce a market for the sale of said
Ringo Folding bed so as to, in g
measure, take the place of other fold
ing beds in common use and become
a source of profit to the owner there
lof."
Second. Defendant further repre-.
sented that he had applied for pat,
ent for his pretended invention ii
the patent office of the United States
) and that his application therefor was
still pending and undetermined"
Third. Defendant intending tt
wrong, cheat and defraud the plain
= tiff out of his said stock ofgoods anc
property, knowingly, fraudulently
and deceitfully represented to plain
tiff that the said pretended intention
was such an improvement on sucl
E other folding beds in common ust
that all said weights used in then
for balancing and overcoming thu
necessary leverage power (of th'
| bed in letting down and closing up
could and would be disposed will
by the use of his springs, tracks ant
rollers, and that said springs, track
e and rollers would completely AM
fully do, and perform all necessar,
. work and supply the place OF sucl
weight above named in counteract
ling the weight and leverage of tn
bed and furnishings above named a
necessary and usual, while being le
down and unfoIded for use and i
folding up when not in use, and tha
said bed should and would be bui
substantially ofthe same kind, quail
ty and dimensions of lumber an
materials as used in other said folo
ling beds, and further represente
that the downfall of his sal
springs would equal the downfall
of the folding part Of said bed whe
being opened for use, and turtle
represented that his said bed woul
mot, when being so opened, whic
statement defendant did not kno
to be true. and in fact was not tru'
and might, with perfect safety, hay
any amount of weight added upo
the bed part, even to the extent 4
one thousand pounds, and that
would not fall or tip over in use b
cause, as he falsely and fraudulen
ly stated, that the downfall of b
said springs in the rear would sti
eounteract and overcome the dow
fall of the bed and weights in Il
front so it could not fall over. +"
These are the representations
alleged by plaintiff which induce
him s'to enter into a written co
tract for the exchange OF the plai
itiff's said property for the said su
posed invention OF defendant al
his beds, etc., on hands.
The plaintiff further alleges tn
the said representations were fal
and known by defendant to be fal
at the time and the defendant
truth and fact well knew at T
time:
First. That when said Rim
Folding Bed should be made of 7