Elliott S. Peterson Co. v. Parrott

Exceptions. Directed verdict for plaintiff. Action on promissory notes given in part payment for automobile. *382Plea general issue and brief statement claiming partial failure of consideration and right to recoupment because of certain alleged defects in the automobile.

Defendant purchased a new car of plaintiff on April 6, 1929, the pi’ice thereof being $2,170. An old car was accepted in part payment, some cash was paid and notes given to make up the total. Of these notes, defendant paid all but two, each for $200, the subject matter of this suit.

When the car was purchased, a written order…