Advance Thresher Co. v. Fishback

Opinion op the Court by

Judge Miller

Reversing.

On December 17, 1907, the Advance Thresher Company, appellant herein, sold a threshing outfit, consisting of separator, engine, belts, &c., to Fishback for $2,340.00. Fishback executed five notes maturing on and between September 1, 1908, and September 1, 1910, for the purchase money, their payment being secured by a duly recorded mortgage upon the threshing outfit. All the notes which matured prior to September 1, 1910, were paid, leaving unpaid, however, a note maturing on that day for $781.00.

The sale was made by Simpson, who acted as agent for…