American Soda Fountain Co. v. Vaughn

*583The opinion of the court was delivered by

Swayze, J.

This is an action upon one of a series of promissory notes given by the defendant for the purchase-price of soda water apparatus bought of the plaintiff. The note refers to a contract between the parties dated September 6th, 1900, and by its terms provides that the title to the apparatus shall not pass until all the notes are paid. The contract of September 6th, 1900, is in the form of an order for the apparatus, by which the defendant agrees, upon receipt of the bill of lading or tender of the goods, to honor sight-draft or other demand for…