Yancey v. Southern Wholesale Lumber Co.

The opinion of the Court was delivered by

Mr. Justice Coti-iran.

This action was instituted in January, 1921, upon several promissory notes given by the defendant in February, 1920, for certain machinery which had been sold' by the plaintiffs to the defendant, under a contract dated January 31, 1920. At the time of the commencement of the action the plaintiffs procured an attachment and had it levied upon the machinery. The “statement” in the “case” recites:

“The answer admitted execution of the notes, denied certain allegations of the complaint as to the amount due, set up a counterclaim for…