Aultman & Taylor Machinery Co v. Wier

The opinion of the court was delivered by

Mason, J.:

The Aultman & Taylor Machinery Company sold thrashing machinery to J. L. Wier, receiving in payment notes secured by a chattel mortgage on it and other property. The first note not being paid at maturity, the company took possession of the machinery, sold it at public sale, applying the proceeds on the mortgage debt, and brought replevin for the remainder of the mortgaged property. Wier defended on the ground of lack of consideration through failure of the machinery properly to do the work for which it was intended, claiming a rescission of…