George v. Birchfield

PLEASANTS, O. J.

This suit was brought by appellant against appellee to recover upon promissory notes executed by appellee in part payment of the purchase price of a traction engine sold him by the Twin City Company through appellant, its state agent, and to foreclose a mortgage upon the engine executed by appellee to secure the payment of the notes. In answer to plaintiff’s suit defendant pleaded that the execution of the contract for the purchase of the engine and the notes sued on was obtained by the fraudulent misrepresentations of plaintiff.

The plaintiff sues as the owner of the notes and…