Welch v. Campbell

By motion, the plaintiffs seek an order striking out the two counterclaims contained in the answer and granting summary judgment. The plaintiffs’ alleged cause of action is based upon the sale of cattle on two "occasions to the defendant and one John Seymour, the execution by the defendant and Seymour of two conditional sales notes to secure the purchase price of the cattle, and the failure of the defendant to pay the balances due to the plaintiffs.

The defendant admits the execution of the two conditional sales notes by him and Seymour for $1,190 and $1,235, respectively and admits that only…