Saranac Automatic Mach. Corp. v. Duke

BRYAN, Circuit Judge.

The Saranac Corporation sued Duke on two promissory notes aggregating $3,000, alleging that they represented the balance due on the purchase price, $6,500, of a machine manufactured by it. Duke filed a plea of partial failure of consideration, and another by which he sought to recover damages for Saranac’s breach of warranty or guaranty. In rulings upon demurrer, the trial court sustained the first plea and rejected the second. The trial resulted in a verdict and judgment in favor of Saranac for $800, some $2,200' less than it sued for. Saranac appeals from the ruling…