Case Threshing Machine Co. v. Cook

Hill, C. <7.

The plaintiff in error sued the defendant on a promissory note for $475 and interest. The defendant admitted the execution of the note, and pleaded total failure of consideration, resulting from breach of express warranty. The note was given for a balance due on the purchase-price of one 12 horse-power, portable, wood-burning- engine, the purchase-price being $675, of which the defendant paid $200 on receipt of the engine.

The defendant asked judgment against the plaintiff for the $207, and for $40.53 paid by him as freight. The verdict was for the defendant for the full amount…