International Harvester Co. of America v. McLaughlin

Kirby, J.,

(after stating the facts). It is insisted for appellant that the court erred in refusing to direct a verdict in its favor for the amount of the notes: sued on, and this contention must be sustained.

Appellee admitted the execution of the notes sued on, that appellant was the holder or owner thereof, and that they had not been paid by him. He alleged that the notes had been satisfied in accordance with an agreement made with the agent of appellant to return the machine and equipment purchased, that he had performed this agreement in accordance with its terms by setting aside the…