Sanders v. Mosbarger

This action was brought upon a promissory note, in which a verdict was returned for plaintiffs for $87.30, upon which judgment was rendered.

It.. appears that defendants bought a gasoline “frost proof engine” from plaintiffs at the price of $440. Of this, $100 was paid in cash, and two notes given for $170 each, with interest. One of these notes was paid, but defendants claimed that only a part of the one in suit was justly due and therefore tendered to plaintiffs $100, before the suit was brought. The tender was refused, whereupon, after the suit was brought, defendants paid that amount into…