Otis Bros. v. Holmes

The plaintiffs sued the defendant upon a promissory note for five hundred dollars. The defendant pleaded that he had purchased of plaintiffs an electric elevator for the sum of $2,940; that he had paid all of the amount except the sum represented by the note sued on; that the consideration of the note had totally failed, by reason of the fact that the elevator was so defective and so entirely unsuited for the purpose for which it was. intended that it was not worth even the amount already paid on the purchase-price; and that while he knew of the condition of the elevator at the time the note…