Howard v. Montezuma Fertilizer Co.

Montezuma Fertilizer Company sued J. W. Howard on a promissory note for $10,429.42, besides interest and attorney’s fee. Defendant admitted the execution of the note and notice of claim for attorney’s fee, and assumed the burden of proof; the substance of his plea being as follows: What defendant contracted to buy, and what was actually delivered to him, was 10 tons of acid and 172 tons of 8-4-4 fertilizer, the ingredients of the latter being acid derived from phosphate rock, nitrogen derived from nitrate of soda and cottonseed meal in the proportion of 1% from the former and 3% from the…