Meyer v. Dambacher

The opinion of the court was delivered by

Dawson, J.:

This was an action to -recover on two promissory notes for $500 and $1,350 dated December 5, 1923, and due April 1 and July 1, 1924, respectively.

The defense was that the notes were renewals of defendant’s earlier obligations given .as the balance of the purchase price of a farm tractor which defendant had received from plaintiff, and that the tractor was defective in various particulars in breach of warranty — its constituent materials, its rated horsepower and its serviceability, whereby the consideration for the notes failed.

In…