Sandwich Manufacturing Co. v. Kelly

The appellant brought suit against the appellee upon a promissory note for §105. The appellee recovered a judgment against the appellant, upon a plea of set-off, for 8114.46, from which an appeal is prosecuted to this court.

The note in suit and another for the same amount were given for the price of a reaper and the defense interposed was that the machine, having failed to work properly, had been tendered to the agent of appellant by whose direction it had been placed under shelter on the premises of appellee, subject to tlie orders of the appellant. The defendant sought not only to defeat…