J. B. Colt Company v. Clay

Opinion op the Court by

Judge McCandless—

Granting appeal and reversing.

J. B. Colt & Company sued J. N. Clay on a promissory note for $335.75. In Ms answer defendant admitted the execution of the note, and in a second paragraph, which was made a counterclaim, pleaded that the note was executed as the deferred payment on a carbide lighting plant purchased from plaintiff. That at the time of its execution plaintiff’s agent and salesman agreed to install same in his residence on twelve months ’ trial, and if it failed to give entire satisfaction that plaintiff would accept a return thereof and…