Howe Machine Co. v. Rosine

This is an action upon a promissory note of appellee, given to appellant for the price of a sewing machine. The testimony as to the consideration of the note is very contradictory. The testimony of appellee and his witnesses tends to show that the machine sold was an old machine, and that it was . sold to him as a new one; that certain parts, or appendages, of the machine were, by the contract for the sale, to be substituted by others to be furnished by appellant in their stead, which were not furnished, and that, on account of the machine being old, and the failure to furnish a new machine…