Carpenter

The action was brought on two promissory notes given in consideration for the sale by plaintiff to defendant of about one thousand two hundred fruit trees. The defense was based upon the claim of the violation of an express warranty as to the quality of the trees. There were two counts in the complaint relating separately to the two notes and as to the first the court found: “That the said note referred to in paragraph II of these findings was wholly without any consideration whatever, in this, that the said note was executed by this defendant for fruit trees bought from the plaintiff by the said defendant; that the said purchase was made prior to the delivery and inspection of the said fruit trees; that the plaintiffs and each of them represented to the defendant that the fruit trees aforesaid were good, sound and healthy fruit trees and were not diseased; that this defendant believed the representations of the said plaintiffs and each of them; and relied implicitly upon their representation that the said fruit trees were good, sound and merchantable fruit trees and relying upon said representations which he believed at the date he executed the said note he did excute the same to…