Donaldson v. Carstensen

OLSEN, Justice.

Plaintiff appeals from an order denying his alternative motion for judgment or a new trial.

Plaintiff sued to recover on a promissory note for $400 made by defendants March 12, 1929, payable to plaintiff June 1, 1929, with interest at eight per cent per annum, and providing for payment of cost of collection or an attorney’s fee if the note was not paid at maturity. The defendants admitted the execution of the note and alleged a breach of warranty on the sale of two trucks, in part payment for which the note was given. Damages in the sum of $500 were claimed for such breach of…