Madison Supply & Hardware Co. v. Brown Carriage Co.

A promissory note was given for certain personal property, which was paid voluntarily by the maker thereof (it not appearing that the note had been transferred before maturity), who subsequently purchased personal property from the same vendor, for the avowed purpose of refusing to pay therefor and of pleading a set-off and partial failure of' consideration to the first purchase, because of alleged defects in the property first purchased which were known to the buyer at the time he paid the note given for the purchase-price thereof. Held, that the buyer waived any defects in the property…