Wilson v. Nichols & Shepherd Co.

Opinion op the Court by

John D. Carroll, Commissioner

Affirming.

On June 24, 1902, the appellee sold to appellants a threshing machine and wind stacker. In an action in equity on the notes, executed for the purchase price, and to foreclose the mortgage lien to secure them, appellants relied for defense on a verbal contract and warranty alleged to have been made when the machine was purchased, which was in substance that the machine was first-class and would do better work and more of it than any o'ther machine. Appellee relied on a written contract executed by appellants, averring that it…