Enos v. Enos

Plaintiff, the father of defendant, brought this action of assumpsit in May, 1926. For $5,000 he had agreed to sell and had delivered to defendant a herd of cows and certain farming .implements, retaining a “clingfast” until payment of twenty-five monthly notes, each for $200. Eight were paid. This suit sought to recover on the seventeen unpaid notes, the last of which fell due in June, 1925.

The declaration was in the usual form on promissory notes and on the common counts. No reference therein was made to the original contract. Defendant pleaded the general issue apd was permitted to offer…