Osborn v. Rawson

Marston, O. J.

Bawson and Thatcher sued to recover upon a note given by Osborn. The defendant pleaded the general issue, with a notice given therewith, that the note was given on the purchase of a reaper sold with a warranty, and alleging a breach thereof.

*207On the trial the defendant introduced testimony tending to show that the reaper would not do first-class work • that he had notified the plaintiff’s agents; that they had tried to do first-class work with the reaper and failed, and that he wanted them to take back the reaper and deliver up his note.

The court directed a verdict in favor of the…