work, nor satisfactory work; and that defendants never did purchase the same. A jury trial was had, resulting in a verdict for defendants. A statement of the case, embracing the exceptions and all of the evidence, was settled, and a motion for a new trial was made, on the ground of alleged errors of law occurring at the trial and for alleged insufficiency of the evidence to justify the verdict. The motion was denied.
There is no substantial conflict in the evidence. The following facts are conceded: That, in the year 1888, plaintiff was engaged in the sale of agricultural implements at Columbus, Ind., and was then selling the Reeves patent straw stacker. That, at the same time, plaintiff was represented at Lisbon; D. T., by the firm of Worden & Rickford, which firm was then in the machine business at Lisbon, and were plaintiff's local agents there for the sale of the straw stacker. That at the solicitation of plaintiff's said agents the defendants signed in their firm name, and delivered to plaintiff’s said agents, an order for a Reeves straw stacker, which order was in the following words and figures: “Dated at Lisbon, D. T., July 17th, 1888. W.E. Worden: You will please deliver to me at Lisbon, D. T., on or about the 1st day of August, 1888, new Reeves patent straw stacker, all complete; said stacker to be of the ordinary width and length, and is intended to be attached toa Buffalo Pitts separator, built in 1885. Where in consideration thereof, I, or we, agree to receive the same, pay the freight and charges from Columbus, Ind., and at the same time settle for said stacker in cash and notes, in the sum of two hundred dollars, as follows: Cash in hand, ——; note due November 1st, 1888, for $100.00; note due November 1st, 1889, for $100.00; note due —— 1st, 188—, for $——. Notes to be made payable to the order of-----, and their blanks shall be used, and bear the highest rate of legal interest from date until paid. Said notes to be accompanied by a mortgage on additional property, if required, or other approved security. This stacker is hereby purchased and sold subject to the following warranty and agreement,
N. D. R.—27.
