Gray v. Middaugh

Plaintiff sold a farm tractor to defendant for $1,350, for which he gave two promissory notes, one for $600 and one for $750. The. $600 note was paid. On defendant’s refusal to pay the $750 note, for alleged failure of consideration, and a repair and freight bill for $76.73, this action was begun and tried to a jury. Defendant recovered judgment for $400 on his answer and cross-petition. Plaintiff appealed, and the case being submitted to the supreme court commission the judgment was affirmed. On plaintiff’s application we granted a rehearing and the case was reargued to the court.

For…