D. M. Osborne & Co. v. Shilling

The opinion of the court was delivered by

Johnston, C. J.:

The Shillings purchased a Columbia corn-harvester from D. M. Osborne & Co. for $115, for which they gave two promissory notes for $57.50 each. A dispute arose as to the quality of the machine, the Shillings complaining that it did not measure up to the representations of the company and that it was unfit for the purpose for which it was sold. Payment of the notes was refused, and this action to enforce payment was begun. The Shillings answered alleging that misrepresentations as to the machine were made; that *676because thereof they had…