A. Baldwin Sales Co. v. Mitchell

Plaintiff sues for the recovery of the amount of a promissory note and for the enforcement of its vendor’s lien and chattel mortgage by which the note was secured on certain equipment described in the act of sale and mortgage. Defendant, by way of defense, pleaded a breach of warranty under the contract,, in that the equipment as installed in his plant would not function as it was guaranteed to do; and he reconvened for the return of the cash paid on account of the purchase price and for certain expenses incurred in the operation of the equipment. Plaintiff filed a plea of one year’s…