Frick Company Inc. v. Smith

The plaintiff sued the defendant upon two promis sory notes which had been given as part of the purchase price of certain farming machinery and which were secured by a mortgage on the machinery. The petition, as amended, alleged substantially as follows: That on April 23, 1940, defendant executed a written order to plaintiff for the following described property: “1 Fedon Harvester '69’ with sacking equipment, 1 soy bean sieve, 1 crimson clover sieve, 1 lespedeza sieve, 1 universal coupling for power take off to fit Int. Farmall H. tractor;” that this order was accepted by plaintiff and the…