Clark Implement Co. v. Priebe

MISER, C.

This is an action for the foreclosure of a chattel mortgage on a tractor, in part payment of which notes secured thereby were given. Defendant admitted the execution of the notes and chattel mortgage, but alleged that said tractor was not as represented; that, at the time the tractor was delivered, defendant discovered said defects and, upon discovery, refused to take the tractor; that the agent of the company thereupon requested the defendant to take the tractor to defendant’s farm, promising that plaintiff would send its expert to fix the tractor; that the plaintiff did send its…