J. B. Colt Co. v. Koehn

As the parties occupy the same relative positions here as in the trial court, they will be referred to as plaintiff and defendant, as they therein appeared.

Plaintiff filed its action in the district court of Major county praying judgment against the defendant on a promissory note. The defendant answered, denying generally the allegations of plaintiff’s petition, and further pleaded a failure of consideration, alleging that the note was given in part payment for a carbide gas lighting plant, which was to be fully and completely installed, but that it was not fitted for the purpose for which it…