Emerson-Brantingham Implement Co. v. Fenimore

The opinion of the court was delivered by

Harvey, J.:

This is an action for judgment on nine promissory notes of $50 each and to foreclose a chattel mortgage on an engine and sawmill given to secure their payment. The answer admitted the execution of the notes and mortgage, but alleged they were given as a part consideration for an engine and sawmill purchased by defendant on a written order from plaintiff through its agent and partner, A. L. Puffenbarger, a copy of which was attached to the answer. The written order was for "One 20-hp. No. 7519 Reeves engine and Curtis sawmill to be delivered…