Fairbanks, Morse & Co. v. Boney

Plaintiff sues on three promissory notes, representing the balance due on the purchase price of a 80-60 H. P. tractor and a 2 H. P. electric engine. The notes aggregate $2,500.

Defendant admits the execution and delivery of the notes. He'makes no complaint regarding the electric, engine, but denies liability because (1) he was.induced to purchase the tractor by false and fraudulent representations ; (2) of redhibitory defects in the tractor.

Defendant, in his answer, further sets .up an alleged agreement of settlement wherein it was stipulated that the notes would be canceled and plaintiff…