First Nat. Bk. of Minneapolis v. Malvern

'Smith, J.

Appellant brought suit against the city of Malvern upon three notes executed by the city in favor of Kinnard & Sons Manufacturing Company, hereinafter referred to as the company. The notes represented a part of the purchase price of a tractor purchased by‘the city from the company. At the trial a verdict arid judgment were rendered in favor' of the city, from which the ' plaintiff bank has appealed.

The tractor was purchased by the city under what was called a “demonstration order,” under which the tractor was to be tested and tried to ascertain if it met the warranty under which it…