Twin City Co. v. Armstrong

Opinion by

JONES, C.

This action was instituted in the district court of Pawnee county, Okla., by plaintiff in error, as plaintiff, against the defendants in error, as defendants, to recover on a certain promissory notes and to foreclose mortgage securing same. The plaintiff alleges that the notes sued upon were given by the defendants to plaintiff for the purchase price of a threshing machine.

The de~èndants filed their answer and set up as a defense failure of consideration, in that the separator purchased from plaintiff by defendants would not perform the work for which it was purchased, and…