Middleby-Marshall Oven Co. v. Wagoner

This is an action instituted by appellant to recover from appellee the balance due upon a promissory note executed by appellee, as a part of the purchase price of a certain oven sold and delivered by it to appellee, and to foreclose a chattel mortgage given to secure the payment of the note, also to recover upon an alleged open account due from appellee.

The complaint was in three paragraphs, to which appellee answered in general denial. Appellee filed a second paragraph of answer, alleging in substance that he and appellant had entered into a written contract for the purchase and sale of a…