Baber v. Rickart

The appellees sued the appellant upon two promissory notes. The appellant answered that the notes were given for and in consideration of the right to make, use and vend a certain patented ditching machine, within certain prescribed limits; that the appellees warranted that said machine would do certain work; that upon a proper test the said machine had utterly failed to perform as warranted ; and that such machine was utterly worthless. Eeply in denial, trial, verdict and judgment for plaintiffs.

A new trial was asked, upon the grounds that the court had erred in overruling a motion to…