Dowagiac Manuf'g Co. v. Gibson

I. The defendant, in his answer, admits the execution of the note, but, as a defense, sets up a failure of consideration, alleging that the note was given to plaintiff for the purchase-price of two harrows and one seeder, and that one of the harrows was never delivered to him. He further sets up a counter-claim in the following language: “ That the defendant was induced to purchase said machinery through the false and fraudulent representations of the plaintiff’s agent, made prior to the execution of the note, to the effect that said machinery was well adapted to the use for which it was…