Nichols & Shepard Co. v. Maxson

*608The opinion of the court was delivered by

Porter, J.:

In June, 1901, the Nichols & Shepard Company sold a thrashing-machine to W. P. Maxson for $540, in payment of which he gave two promissory notes, with P. B. Maxson as surety. The notes matured November 1, 1901, and 1902, respectively. The first was paid one month after it became due. This ■action was brought August 22, 1905, to recover a balance due upon the second note, after crediting a small sum received by the company from a sale of the machine under a chattel mortgage. The defense set up a breach of warranty, and a claim for damages.…