Williams v. Burnside

— On September. 19, 1919, plaintiff and Gale sold to defendant a North Dakota half-section farm. Settlement was made March 1, 1920, on which date defendant execute<b as a part thereof, the noté in controversy, £°r $4,800,' due March 1, 1925, naming Gale as payee. Gale indorsed the note to plaintiff;— when, does not appear from the record here, unless it was March 1, 1921. Payment of interest to the last named date is indorsed. Rescission is not involved. Fraud in the sale is pleaded by way of defense, and as ¿ counterclaim, and sufficiently to show right of recoupment. The contract was a…