Western Soils Company v. Skolness

McMANUS, Chief Judge.

This matter is before the court on defendant’s unresisted motion to dismiss or in the alternative for a change of venue filed December 17,1973.

In this action plaintiff seeks to recover on a promissory note allegedly executed and delivered by defendant to plaintiff on November 1, 1965 as payment for plaintiff’s delivery of fertilizer to defendant for use on defendant’s farm. The note became due on March 15, 1966 and defendant has refused to honor it on the grounds that the merchandise was not in the form it was represented to be and the salesman had told him not to pay for…