Gibson

It appears from the amended complaint, which was filed hy one J. S. Gibson, that a check for $725 was made and delivered on the twenty-fifth day of June, 1920, as part payment to plaintiff on account of one Samson sieve-grip tractor, sold and delivered by the plaintiff to the defendant for the agreed price of $1,450. It further appears from the amended complaint that in addition to the check, the defendant at the same time executed and delivered to plaintiff two promissory notes, also dated Jane 25, 1920, in favor of the plaintiff, each note in the principal stun of $362.50, with interest, which notes were payable in three months and six months, respectively, after date; that said notes were accepted by plaintiff to cover the balance of said purchase price. It was further alleged that on June 29, 1920, the defendant stopped payment on said check, and has refused to pay the amount therein specified as set forth in said check or at all, and that the said sum covered by said check remains due, owing and unpaid from defendant to plaintiff. Plaintiff’s action is on the check alone and not on the notes.

By his amended answer to the amended complaint defendant denied the sale or…