Brown v. Warwick

This is a motion by defendant for a new trial upon the minutes. The action was to recover on a promissory note given by defendant for the purchase price of a grain drill. The defendant visited plaintiff’s place of business, was shown the drill in question, agreed upon its price, gave his promissory note therefor and took the drill home with him. A warranty accompanied the sale. The transaction therefore constituted a fully executed sale of the drill and the title passed to the defendant.

After taking the drill home defendant used it to drill in several acres of wheat. When this wheat came up,…