Reinauer v. Davis

On the 29th day of April, 1938, plaintiff, a co-partnership, filed its action against the defendants, H. L. Davis and Ella E. Davis, to recover on a promissory note dated December 17, 1932, in the sum of $380, due in installments on which a balance of $285 was claimed. Defendants answered that there was a breach of warranty; that said note was given for a truck and that the truck was defective in that it had faulty wheels. Due allegations of notice to plaintiff and the failure on behalf of plaintiff to make good its warranty were alleged. Plaintiff attacked the allegations of the answer by a…