Boyd v. Preston

Opinion oe the Court by

Judge Robertson :

In this action appellant attempted to make defense by setting up a writing executed by one Wells to him containing a covenant of warranty of the jack, for a part of the price of which the note was executed by way of counterclaim, and to which he made Wells a defendant. On the trial in the court below, appellee pleaded non est factum ?,nd his plea was sustained, but judgment was rendered against Wells, from which he appealed to this court and reversed the judgment against him. 1 Duv. 366. And it was then decided that said writing could not be the…