Plano Manufacturing Co. v. Kesler

The facts out of which this controversy arises — alleged in appellee’s complaint, found by the' *112jury in their verdict and sustained by the evidence-— are substantially as follows:

In June, 1891, appejlee purchased of appellant a Plano harvester, for which he agreed to pay $135.00. The machine failed to do good work in the harvest of 1891, and appellee refused to pay for it. In order to induce him to pay the purchase-price for the machine, appellant agreed in writing, on October 1,1891, “that if in the harvest of 1892 the-harvester cannot be made to do as good work as any other machine we are…