Yancey v. Southern Wholesale Lumber Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action upon several promissory notes, secured by chattel mortgage on certain machinery (tractor and trailers) which had been sold by the plaintiffs to the defendant. The machinery was levied upon under an attachment issued by the Clerk of Court. The answer admitted execution of the notes, denied certain allegations of the complaint as to the amount due, set up a counterclaim for damages on account of breach of warranty, and alleged fraud in the representations as to the quality of the machinery.

After the pleadings had been made up,…