Moss v. Yount

Opinion op the Court by

Judge Thomas

Reversing.

On April 6, 1929, appellant, Dulin Moss, executed his note to appellee, Roy Yount, agreeing to pay the latter $219.40 twenty months thereafter, payable in installments of $10 per month. This action was filed by appellee against appellant in the Franklin Circuit Court on March 15, 1941, to collect the full amount of the note and interest.

Defendant answered claiming that the consideration for the note was the purchase by him from plaintiff of a tractor, which is a gasoline power producing machine and that at the time of the purchase and the execution…