Knowlton v. Knight-Campbell Music Co.

Opinion by

Mr. Justice Teller.

Plaintiff in error was the defendant in an action in the County Court, brought by defendant in error, to recover certain installments payable on a contract for the purchase of a piano. The action having been begun in a justice court, there are no pleadings by which the issues are defined.

From the statements of defendant’s counsel, which are preserved in the record, it appears that he presented, alternately, the defense of breach of oral warranties on the sale, and fraud and misrepresentation in procuring the contract of sale. The same course was pursued in the…