Ward v. Zeigler

Opinion by

Mr. Justice Schaffer,

Judgment was entered against defendant on a note which he had signed authorizing its confession. On his application the court opened the judgment and on the trial to determine its validity the jury found against plaintiffs and they have appealed.

The transaction out of which the note grew involved the sale of automobile tires by appellants to appellee. They contend that the sale was an absolute one and that the note represents the purchase price; defendant, that the tires were turned over to him by plaintiffs on consignment and that the note was intended to be…