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SARANAC AUTOMATIC MACH. CORPORATION v. DUKE

No. 7123.

67 F.2d 436 (1933)

SARANAC AUTOMATIC MACH. CORPORATION v. DUKE.

Circuit Court of Appeals, Fifth Circuit.

November 9, 1933.

Attorney(s) appearing for the Case

Warren Grice and Benning M. Grice, both of Macon, Ga., and J. T. Hammond, of Benton Harbor, Mich., for appellant and cross-appellee.

Orville A. Park and Harry S. Strozier, both of Macon, Ga., for appellee and cross-appellant.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

The Saranac Corporation sued Duke on two promissory notes aggregating $3,000, alleging that they represented the balance due on the purchase price, $6,500, of a machine manufactured by it. Duke filed a plea of partial failure of consideration, and another by which he sought to recover damages for Saranac's breach of warranty or guaranty. In rulings upon demurrer, the trial court sustained the first plea and rejected the second. The trial resulted...

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