Yuba Manufacturing Co. v. Stone

The action was brought to recover the sum of $2,244.10 upon a promissory note and book account, the complaint being in two counts.

The pleadings in the case show that plaintiff sold to defendant a tractor, known as a Yuba “Ball Tread,” on or about the twelfth day of March, 1915, for the total sum of $3,055, and that the tractor was purchased under a written contract, which is set forth in defendant’s answer and cross-complaint.

The promissory note sued upon was one of several notes given in payment of the purchase price of the tractor, and the book account was for supplies furnished for said tractor and labor performed thereon by the plaintiff. The answer and cross-complaint of defendant admits the execution of the notes but attempts to set up a defense and cause of action against plaintiff, first, for breach of the warranty contained in said contract, and, secondly, for rescission of the contract and for damages on account of fraudulent representations made by plaintiff to defendant for the purpose of inducing, and which did induce, him to purchase said tractor.

The cause was tried before a jury and a verdict rendered in favor of plaintiff for the sum of $2,070, and the appeal…