Sword Burners, Inc. v. Vogel

Opinion by

Trexler, J.,

The plaintiff installed an oil burner in the defendant’s home. The latter paid the plaintiff $100 on account and gave a promissory note for the balance of $650, payable in one month. This note was not paid, but was thrice renewed and on the fourth note this suit was brought. The defendant, in his affidavit of defense, admits the execution of the last note, but avers that at the time the note was renewed, the plaintiff renewed the promise which had theretofore been given that they would repair the defective and faulty condition of the heater and that by reason of the…