Polz v. Donnelly

*96Plaintiff, who is plaintiff in error here, sued defendant on a promissory note seeking recovery of an alleged unpaid balance of $838.21. The note was given in part payment of a used Luscombe 8A-41 plane.

Defendant answered and counterclaimed in the following language: “Defendant admits signing a note on May 15, 1941, but alleges and states that said note was given in payment for a used luscombe BA plane [in all other places in the record the plane is referred to as a Luscombe 8A] which was purchased Máy 19, 1941, from the plaintiff for the sum of $2150.00. That the plaintiff stated as a fact…