Thisler v. Mackey

The opinion of the court was delivered by

Dostbr, C. J. :

This was an action on a promissory note. The answer of the defendants admitted the execution of the note, but averred that it was given to *465evidence and secure part of the purchase-price of a horse sold by plaintiffs to defendants; that contemporaneously with the agreement to purchase and the execution of the note, and as part of the consideration for the transaction, the plaintiffs agreed that when the horse became four years old they would rescind the contract, if defendants so desired, and would accept a return of the animal, and would…