J. I. Case Threshing Machine Co. v. Gardner

This action was instituted to recover a judgment on two promissory notes. The defendants prevailed in the trial court.

The notes, and one other, were given as part of the purchase price of a machine known as a Roll Husker Shredder. The other note was paid by de*275fendants. Defendants’ answer pleaded a written warranty and breach; and also a counterclaim for the note paid to plaintiff. The judgment was for defendants as to the notes in suit and also for the amount of the counterclaim.-

That part of the warranty to which we need refer was that the machine was to be of good material and “to do as…