Winter v. Neuman

Plaintiff brought action on a promissory note, asking for the recovery of seven hundred dollars, costs, and attorney’s fees. Defendants answered, alleging that the promissory note was given as the balance of the purchase price of a boat; and by way of affirmative defense, alleged that the plaintiff had represented, warranted, and guaranteed that the boat and hull were seaworthy and in first class condition, and further alleged that, by reason of the breach of warranty, the defendants were damaged.

The cause came on for trial before the court without a jury. Certain trial amendments were…