Cookingham v. Dusa

The opinion of the court was delivered by

Horton, C. J.:

On June 25, 1883, Peter Dusa purchased of M. K. Lewis & Son, through their agent, B. Cookingham, a *230“Lewis header,” and in payment executed his two promissory notes for $125 each, and paid $15 freight on the machine. One of the notes was transferred and assigned to the agent, Cookingham, who, on August 12, 1884, commenced his action against Lusa to recover the amount thereof. In his answer the defendant admitted the execution of the note, but alleged as a defense that there was a warranty given at the time of his purchase of the machine;…