Hinman v. F. C. Austin Manufacturing Co.

Albert, C.

This action was brought by F. C. Austin Manufacturing Company against Washington M. Hinman on a promissory note. The execution of the note is admitted, but, as a defense thereto, the defendant alleges that the note represents the purchase price of a certain ditching machine sold and delivered to him by the plaintiff on a written contract of warranty, of which there had been a breach, whereby he had sustained damages in the sum of $1,200. The contract of warranty relied upon is as follows:

“This agreement, made and entered into.'this twelfth day of November, A. D. 1894, by and between…