Spells v. Swift & Co.

Defendant in error filed suit against the plaintiff in error on a promissory note for $171.45 principal, the purchase-price of ten sacks of 9-2-2 and ten sacks of 8-2-2 guano, in ■which note it is recited that “The consideration of this note is the above mentioned commercial fertilizer sold to me by Swift & Company, which I hereby acknowledge have been accepted and received with the express understanding that there is no warranty whatsoever.” At the appearance term of the suit the defendant appeared and by her plea admitted a prima facie case, but denied that she was indebted to the plaintiff…