McMaster v. Warner

This was an action before the district court, sitting with a jury, on a promissory note due on or before January 1, 1920, for $3,000 with interest, and providing for reasonable attorney's fees in case of suit. The note was given by defendant to plaintiff in settlement for pure-bred cattle sold defendant. Defendant admits executing and delivering the note but denies there is anything due plaintiff, and in this connection sets up a counterclaim in the amount of $8,609.80, alleged as due defendant from plaintiff on account of an alleged breach of an implied warranty of a heifer sold defendant by…