Edson

The suit was brought to recover upon three promissory notes executed by respondent on March 5, 1913. The validity of the notes was not disputed nor was it denied that the amount claimed was unpaid. The defense was that they were given for the payment of a certain stallion purchased by respondent from appellants upon a certain guaranty that failed and thereby avoided the contract. It is not disputed that there was a written guaranty, as follows:

Another defense was that the respondent was illiterate, that he could not and did not read the contract, that appellants, through their agent, deceived respondent as to the terms of the guaranty, by reading it to him so he thought-it provided that said stallion was potent to the extent of getting at least sixty per cent of the mares bred to him in foal, and, that in the event of his failing so to do, said stallion might be returned, and the notes hereinbefore mentioned canceled and returned to defendant. Respondent, therefore, asked to have the contract reformed in that respect and enforced as thus reformed. There is no dispute as to the sufficiency of the pleadings, and, therefore, the demurrer need not be considered.

A jury found a…