Seiberling v. Mortinson
Seiberling v. Mortinson
Opinion of the Court
Defendant, after admitting the execution, delivery, and nonpayment of two promissory notes, made the basis of this suit and aggregating $40, exclusive of interest, alleges, in substance, that a second hand Empire reaping machine was the only consideration therefor, and that, by reason of plaintiff’s failure to comply with their agreement to repair and put said machine in good working order, the consideration has wholly failed, as the machine without such repairs is, and at the time of purchase was, of no value whatever. Although no claim is made that defendant sustained special damages, and a breach of warranty is the only defense available and sus
Reference
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- Syllabus
- Where, in an action on a note, the answer alleged that the sole consideration was, a machine which plaintiffs agreed to repair, and that, by reason of their failure to make such repairs, the machine was worthless, an affirmative judgment for defendant, over and above the price of the machine, was erroneous, there being no averment of loss sustained in attempt to use it.