McDonald v. Sanders

Plaintiffs in error brought suit on seven promissory notes aggregating $2625.00, executed by the defendants to plaintiffs in part payment for a second-hand steam shovel, title to which to remain in vendors until all notes were paid. No question was raised as to the sufficiency of the declaration.

The defendants filed certain pleas to plaintiff's declaration, all of which were disposed of either by motion to strike, demurrer or affirmative charge to the jury, except the first amended plea which set forth in substance that the notes were given as part payment of the purchase price of a…