Edson v. Mancebo

The suit was brought to recover upon three promissory notes executed by respondent on March 5, 1913. The validity of the notes was not disputed nor was it denied that the amount claimed was unpaid. The defense was that they were given for the payment of a certain stallion purchased by respondent from appellants upon a certain guaranty that failed and thereby avoided the contract. It is not disputed that there was a written guaranty, as follows:

“If the above-named stallion should not get 60 per cent of the producing mares that are properly bred and returned for second trial at the end of the…