J. B. Colt Co. v. Kelly

This suit was instituted in-the county court of Wheeler county by J. B„ Colt Company, appellant, against T. J. Kelly, appellee, on a promissory fióte dated May 15, 1920, for the sum of $295.30, due on. May 15, 1921, with interest thereon at the-rate of 6 per cent, per annum from maturity.

The appellee answered, admitting the execution of the note, but alleged that the-consideration therefor was the sale to him by appellant of a certain carbide- light plant, which was warranted “to perform well, give-strong lights and operate at low cost”; that the plant was tested about July 5, 1920, “but did…