C. Aultman & Co. v. Miller

The opinion of the court was delivered by

Johnston, J.:

This was an action to recover upon three promissory notes, amounting to $565.25, executed by Philip Miller in favor of C. Aultman & Co., on July 31, 1882, payable respectively in one, two and three years after date. The consideration for the notes was a threshing machine, which was warranted to be well made and to do good work, but whether the warranty was a written or verbal one, and what were all of its conditions, are disputed questions of fact. Miller tried to operate the machine for three weeks and failed, when he endeavored to…