International Harvester Co. of America v. Newberry

"WALKER, J.

This was a suit by appellant against appellee upon a promissory note for $996, given by appellee to Praeger Hardware Company and by it transferred to appellant. Also, as a part of its cause of action, appellant pleaded a mortgage given by appellee upon certain farm machinery to secure the payment of the note, and prayed for its foreclosure. Appellee pleaded, to quote from his brief: “The defendant answered the suit by pleas of failure of consideration; of failure of warranty of the machine in question ; for recision of the contract; for damages, for the return of the money…