Unitype Co. v. Skelton

Where, to a suit upon a promissory note given for the purehase-priee.of machinery, the defense relied upon was a total failure of consideration, because of alleged worthlessness or defectiveness of the machinery, and there was no express warranty,*and the evidence showed that the defendant had leased the machinery for a term of two years, with the option of buying it at an agreed price at the expiration of the lease, the money paid for the lease during the two years to be in that event accepted as part payment of the agreed purchase-price, that the defendant took possession of the machinery…