Supreme Court of Vermont January 15, 1880 (Rood v. Gilbert)

*370The opinion of the court was delivered by

Ross, J.

This is an action of assumpsit upon a promissory note given by the defendant to George M. Kidder. The defendant plead non assumpsit, and gave notice that he should rely upon in defense, that the note and another note were given for a mowing machine and horse rake which he purchased of Kidder, with the right to return them if they did not work