Neely v. Oliver Farm Equipment Sales Co.

The plaintiff company brought suit against Neely on notes given for the purchase-money of farm machinery. The defendant contended that the machinery sold to him was defective, which was known to the plaintiff, and that there was a breach of an express warranty as to quality of the articles sold. The defendant set up failure of consideration, and sought recovery of damages for the amount of purchase-money and the amount of freight charges paid by him. On exception to the judgment overruling the plaintiff's motion for new trial, this court held that under the contract of sale, and under the…