Advance Thresher Co. v. Vinckel

Tbe plaintiff brought- an action of replevin to recover possession of a threshing rig and four horses under the terms of a chattel mortgage given to secure the payment *430of certain notes executed by defendant for the purchase price of the machine. The defendant admitted plaintiff’s right to the possession of the threshing machinery at the commencement of the action, but denied its right as to the horses, claiming a rescission of the contract on account of a breach of warranty, in that the machinery did not fulfil the requirements of the contract of sale, and that the chattel mortgage was for…