True v. J. B. Deeds & Son

These suits were tried together and grew out of the same .transaction.

In March, 1922, Deeds sold True a tractor, harrow, and plow for $850; $500 being paid at the time, and a note for $350 executed payable in six months. When it became due True executed a renewal note.

In November, 1923, Deeds sued True for the balance due on said renewal note.

In January, 1924, True instituted an original suit in the circuit court alleging, in his declaration, a total failure of consideration, an offer to tender the property back, and sought a judgment for the $500 paid.

The trial court, being of the opinion…