Southwestern Packing Co. v. Cincinnati Butchers' Supply Co.

SIBLEY, Circuit Judge.

The suit was by appellee against appellant on promissory notes given for certain machinery. The defense was total and partial failure of consideration because the cooker assembly, which cost more than the balance claimed, was represented and warranted by appellee’s authorized agent to perform efficiently and without offensive odors, but despite all efforts to correct, the odors continued so as to render the operation of it a nuisance to the nearby town, and a detriment to appellant’s meat packing business, remediable only by its removal to another site, and causing other…