Willcox, Ives & Co. v. Jeffcoat

June 1, 1926. The opinion of the Court was delivered by An opinion was written in this case by Mr. Justice Fraser, who died before the case was finally passed upon, and the case was reargued. The following is the opinion as written by Mr. Justice Fraser, and which we adopt.

"This is an action on two notes given for fertilizer. The defendant pleaded payment of one note and failure of consideration on the other, and counterclaim for damages on account of deleterious matter, to wit, trona potash, which actively damaged the crop. The verdict was for the plaintiff on one note, and the defendant…