Anderson v. Studebaker

The appellants gave to the appellee judgment notes for the unpaid part of the price of a machine and some lumber. Judgment being entered, they applied to stay proceedings and be let in to defend, upon the ground that there was a breach of warranty as to the machine and consequent failure of consideration. Upon conflicting affidavits the court denied the motion.

There is no statement on their part that the appellee is not pecuniarily able to pay damages, if there was a breach of warranty and consequent damages, so that they are not without remedy, if they are entitled to any. To say the least,…