Sommer v. International Harvester Co. of America

The International Harvester Company sued Sam Sommer on a note given by him for the purchase-price of a tractor. A prima facie case for the plaintiff was admitted by the defendant who assumed the burden of proof and set up a counterclaim that the plaintiff had damaged him in the amount of $510 by reason of the breach of an implied warranty in the sale of six peanut “planters.” After the introduction of evidence the jury returned a verdict in favor of the plaintiff for the full amount sued for; and the defendant’s motion for a new trial was overruled. Conceding, but not deciding, that the…