Varley v. Nichols-Shepard Sales Co.

The appellee sued the appellant to recover the sum of $1,842, besides interest and attorney’s fees, due upon three promissory notes executed and delivered by the appellant to appellee in part payment for certain machinery, consisting of an oil gas tractor engine, separator and attachments, and to foreclose a mortgage given upon said machinery to secure the payment of said notes. The machinery was sold upon written contracts by the terms of which the ap-pellee warranted that the tractor engine would develop—

“double its rated horse power, working in a belt upon a friction brake, and to be well…