Case-Fowler Lumber Co. v. Good Roads Machinery Co.

1. Case-Eowler Lumber Company, on December 5, 1915, purchased a tractor-engine from the Good Roads Machinery Company, paying therefor, on January 17, 1916, the sum of $1,116.67 in cash and giving three promissory notes for $744.44 each, due April 1, July 1, and October 1, 1916. The note due April 1 was paid; the other notes were not paid, and suit was brought to recover judgment on them. The defendant pleaded, among other things, as follows: “Prior to the time when the defendant paid part of the purchase-price for said [tractor-engine], to wit, on January 17, 1916, though defendant had had a…