Appling Motors, Inc. v. Todd

Bell, Chief Judge.

Plaintiff filed suit on a promissory note and on an open account. Defendant counterclaimed. The court directed a verdict in favor of the plaintiff on the main claim and denied its motion on the counterclaim. The jury returned a verdict for defendant on the counterclaim. The only issues raised on appeal concern the counterclaim. Held:

1. Plaintiff sold defendant a corn combine. A written purchase agreement was executed and it contained a warranty provision which covered defective parts. The combine malfunctioned on September 13,1972. Plaintiffs mechanic performed repairs on…