Warder, Bushnell & Glessner Co. v. Myers

Holcomb, J;

The plaintiff in error, also plaintiff below, began an ordinary action against the defendants for the recovery of the amount due upon a promissory note alleged to have been executed and delivered by them. As a defense, it was pleaded in the answer that the note was given in part payment for a harvesting machine purchased prior thereto from the plaintiff upon a contract of warranty which had Avholly failed; that the note was given upon the express contract of the plaintiff that the machine, Avhich, it is alleged, was,Avholly disabled for harvesting purposes, would be by it repaired…