Miller v. Seiler

Suit by appellant against appellee on a promissory note executed as a part of the purchase price of farm machinery, and to foreclose a chattel mortgage given to secure the payment of the note. Appellee answered: (1) Denial; and (2) failure of consideration. Appellee also filed a cross-complaint setting forth that, contemporaneously with the sale of the machinery and the execution of the note and mortgage sued on, appellant by written instrument warranted the machinery, and agreed that if it failed to do the work for which- it was purchased, appellant would take it back, cancel the note and…