Worth v. McConnell

This action was brought to recover the amount due upon the joint promissory note of Worth & Bartell, given in' part payment of a clover threshing machine purchased by Worth from the plaintiffs. The execution of the instrument sued upon was not denied in the pleadings.

The defense relied upon was that there was a warranty accompanying the sale of the threshing machine, a breach thereof, and a recoupment of the damages sustained in consequence of such breach.

To meet this defense the plaintiffs sought upon cross-examination of defendant Worth, when examined in his own behalf, to show that he had…