Barnett v. Kennedy

Defendant appellee, contracted to buy from the appellants one Twin United Stoker and controls pertaining thereto. The agreed price for the purchase and complete installation was fixed at the sum of $1,672.80, to be paid as follows: $275 cash due 30 days after the installation, and five notes in the sum of $232.96 each, the first one becoming due six months after date.

A written memorandum of agreement was entered into dated April 20, 1939. Among other provisions it contained ■ the following preliminary statement: “Whereas, Party of the Second Part (Appellants) has made an engineer analysis of…