Williams v. Rice

This is an action to recover on a promissory note.

Plaintiff sold to defendant an automobile, and, in payment therefor, received from defendant an old car, valued at $250 and defendant’s note for $1,300, which is the note being sued upon. Defendant answered the complaint, admitting the execution and delivery of the note, but alleging misrepresentation and breach of warranty on the part of plaintiff, and by way of counterclaim alleged damages in the amount of $1,550. The case was tried to> a jury. •

The jury was instructed as follows:

“* * * Two forms of verdict will be given you, one in favor of…