Intges v. People's Finance & Thrift Co.

HIGGINS, J. .

Appellee brought this suit against appellants to recover upon four promissory notes dated March 29, 1929, executed by appellants to the order of C. C. McMullen and to foreclose a chattel mortgage securing the notes.

Appellants answered, setting up a failure of consideration, in that the notes were executed in payment for an Orchestrope sold and delivered to defendants by McMullen,- under a guaranty and warranty the same was a new machine and of new model which would function perfectly; that in fact the same was an old, second-hand machine, was not in good working order, would not…