Drook v. Irvine

—This was an action instituted in the court of common pleas of Grant county, by the appellee against the appellant, upon a promissory note and to foreclose a chattel mortgage upon a portable saw-mill in that county. The appellant answered that the note and mortgage were given in consideration of the sale to him, by the appellee, of the mill mentioned in the mortgage; that the appellee, at the time, entered into a written agreement, by which he warranted, *431amongst other things, that the mill so' sold was in good and complete running order, with all the fixtures and appurtenances belonging to…