Morrow

this action plaintiff sought recovery upon a promissory note given to him by defendant as part of the purchase price of certain gasoline engines.

The answer admitted the execution of the note, but as a defense and offset to recovery thereon pleaded four counterclaims, in the fourth of which he alleged that on May 24, 1818, defendant purchased from plaintiff seven two-cylinder gasoline engines at the price of $200 each, two one-cylinder gasoline engines at the price of $75 each, one three-cylinder gasoline engine at the price of $250, one air-compressor and tanks at the price of $400, and one ■ water-tank at the price of $15, making a total purchase price of $2,215, for which at the time he paid plaintiff the sum of $1,000 and for the balance of said purchase price of $1,215 made and delivered his promissory note of said date, bearing interest at the rate of six per cent per annum, which is made the subject of plaintiff’s action; that at the time of said purchase and as a part of the transaction involving the execution of said note, plaintiff executed a written agreement whereby he warranted that all of said gasoline engines so purchased by defendant were in “first-class…