Harms v. O. S. Kelley Co.

The opinion of the court was delivered by

Schoonover, J.:

This is an action in replevin commenced by the defendánt in error for possession of certain property upon which it held a mortgage. The defense was that the note and mortgage were given for the purchase price of a horse-power thrashing-machine, and that by reason of its defective construction the consideration had partially failed.

The question presented is, Did the trial court err in sustaining the demurrer to the evidence? Our authority to review this question is challenged by defendant in error, for the reason that the case-made does…