Niles v. Danforth

This is an action of contract on a promissory note given by the defendants for a tractor, trailer, and equipment bought by them of the plaintiff. An affidavit of defense Setting up a false warranty, was, by agreement, treated as the defendants’ answer. During the trial, the defendants were allowed to amend their answer by alleging false and fraudulent Representations on the part of the plaintiff, by which they were induced to make the purchase; and thereafter, the defendants relied exclusively on that defense. At the close of the evidence, the plaintiff moved for a verdict on the ground that…