Cary Manufacturing Co. v. Ferch

This is a suit on a promissory note given by the defendant payable to the order of the plaintiff for $661.20 payable in monthly instalments and bearing interest at 7 per cent per annum from the 15th day of December, 1933. The note represents the unpaid balance on a contract for the purchase and installation of a heating plant in the defendant’s house. The total contract price was $805.00.

The defendant answered setting up failure of consideration in that the plaintiff warranted that the heating plant would heat the home of the defendant in which it was installed, and that the plant failed to…