Clark Schaeffer v. Gaar-Scott

Defendant in error brought this suit to. recover upon certain promissory notes executed by plaintiffs in error in part payment for a secondhand traction engine sold to them by defendant in error and for foreclosure of mortgage upon same. Defendants answered by a general denial, and specially pleaded a failure of consideration of the notes sued upon, in that the engine was sold under a guaranty that it would successfully pull four 12-inch gang plows in hog wallow land; that the engine was sold by and guaranty given by Paul W. Joplin, plaintiff’s agent in Houston; and that the same-wholly…