Intrastate Credit Service, Inc. v. Pervo Paint Co.

ASHBURN, J. *

Intrastate Credit Service, Inc. sued defendant Pervo Paint Company, Inc. upon Pervo’s promissory note for $5,000 made payable to Intrastate and Q R S Neon Corporation, Ltd.; 1 the last named corporation had assigned to Intrastate its interest in the note. The court sustained Pervo’s plea of breach of an implied warranty on the part of Q R S and offset the damage against the amount of the note, resulting in a judgment for plaintiff Intrastate against Pervo for $3,841.50 plus attorneys’ fees and costs. Plaintiff appeals.

In 1958 and 1959 Pervo and Q B S had entered into a series of…