Forsythe v. Russell Co.

Opinion op the Court by

Chief Justice Hobson—

Affirming.

In May, 1907, G. Forsythe bought of the Russell Company a saw mill and steam engine for $1,250. He paid $450 cash and executed four notes, each for $200, due October 1, 1907, February 1, 1908, June 1, 1908, and October .1, 1908. He paid the first two notes and a greater part of the third, but failed to pay the remainder of the debt and this action was brought to recover it and to enforce a mortgage given on the property to secure it. In defense of the suit, Forsythe pleaded, in substance, that the plaintiff did not deliver to him the saw…