Bishop & Babcock Sales Co. v. Haley

WALKER, Chief Justice.

Appellee, W. J. Haley,r instituted this suit in county court of Wood county against appellant, Bishop & Babcock Sales Company, to cancel a promissory note in the principal sum of $1,138, dated the 9th day of August, 1932, given by appellee to appellant as the balance of the purchase price of a soda fountain, and a chattel mortgage covering the soda fountain given by him to appellant to secure the payment of the note; we quote as follows from appellee’s petition:

“Plaintiff says that there is now due upon said soda fountain about the sum of $250.00, that it is not worth…