Oliver Farm Equipment Sales Co. v. Patch

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on two promissory notes and to foreclose a chattel mortgage on a steam engine and threshing machine.

The notes were of a series of six for $321 and $322 each which defendants had executed to pay for the threshing machine included in the property covered by the mortgage.

It appears that in May, 1925, the defendant, H. S. Patch, entered into a written contract with the Nichols & Shepard Company, a concern then engaged in the manufacture and sale of threshing machines. The subject matter of the contract was the…