Matheny v. Mason

The petition alleges that plaintiff sold and delivered to defendant 1,123 bushels and thirty pounds of corn, at sixty cents per bushel; that defendant paid plaintiff thereon the sum of $10, leaving a balance of $664.10 due *678and unpaid, for which judgment is asked. The material part of the answer admits the purchase of the corn, at the price stated; the payment of the $10 ; but avers as a defense to the action, that upon the sale of said corn, the law implied a warranty of title, on the pai't of the plaintiff to the defendant, for said corn, and then charges that said corn, in fact, did not…