Dillard v. Star Drilling Machine Co.

Plaintiff, the Star Drilling Machine Company, brought this action to recover a, balance owing on notes executed by defendant, R. V. Dillard, and to foreclose a chattel mortgage covering a drilling machine, securing the payment of the debt. Defendant, by answer and cross-petition, claimed damages, in an amount in excess of the amount due on the notes, arising in hjs„fa£pr by reason of the breach ®f warranty of the fitness of the machine to reasonably perform the work for which it was sold, used and intended. Defendant, admitting the balance due on the notes, assumed the burden of proof on…