Salt Lake Herald | 1895-02-24 | Page 5 | About Harvesting Machinery

About Harvesting Machinery The McCormick Harvesting Machine company vs John A Marshand et aI judgment of the lower court reversed opinion by Judge Bartch concurred in by Judges Smith and Kin The Judge SmIth King appeal ap-peal was from adjudgment by Judge Zane 2 The case was commenced upon two promissory notes in Justice Gees court justice of the peace of the Fifth precinct pre-cinct of tha city and county of Salt Lake where judgment was rendered for the plaintiff for the amount of the notes interest and costs a total of 14427 A The defendants up that the notes were given as part of the purchase price of one McCormick self binding Harvesting machine and for three separate defenses pleaded failure of consideration breach of warranty and damages sustained in endeavoring to procure a suitable drive wheel for the machine the one sold with it was alleged al-leged to be worthless The defendants appealed to the Third district court On December 5 1893 the case came on for trial and after hearing the evidence evi-dence the court instructed the jury to bring in a verdict for the plaintiff which was done The defendants filed notice of motion for a new trial upon the grounds of irregularity in the proceedings pro-ceedings of the court and the order of the court refusing I continuance and the abuse of discretion of the court by which said defendants were prevented from having a fair trial accident and surprise which ordinary prudence could not have guarded against insufficiency insuf-ficiency evidence to justify the verdict ver-dict errors In law occuring at the trial