Teter v. Shultz

This action was begun by the appellant to collect the balance due on a note of $860, and to foreclose a chattel mortgage securing said note, both of which instruments were signed by all of the appellees. To appellant’s complaint the appellees filed an answer of general denial and a second paragraph alleging total failure of consideration, partial failure of consideration, breach of implied warranty, breach of express warranty, and violation of plaintiff’s guaranty. The appellees also filed a counterclaim in which they alleged that the note sued on was given for the purchase price of certain…