Talbott

This is an action upon two certain promissory notes, executed by defendant to plaintiff, both of which were dated June 30, 1914, one for two hundred dollars, due December 15,1914, and the other for $175, due March 15, 1915, and both recited that they were given on account of the purchase price of a certain twenty horse-power Stickney gas engine sold and delivered by plaintiff to defendant. The notes also provided for reasonable attorneys’ fees in ease of suit brought to enforce collection. Included in the action was a claim for goods furnished amounting to $8.48.

In his answer defendant denied that said notes were made ■on June 30, 1914, but alleged that they were executed about October 18, 1914; admitted nonpayment. For a further defense, “and by way of counterclaim,” defendant alleged that in Slay, 1913, he contracted with one Lloyd Collar, agent of plaintiff, to purchase a twenty horse-power Stickney gas engine for the sum of $750; “that before the making of said sale the said defendant caused the said agent of plaintiff to visit the mine where defendant was working and where the said engine was to be installed”; that defendant then and there informed said agent of all the…