Supreme Court of Minnesota July 17, 1908, Nos. 15,708-(85) (Segerstrom v. Swenson)

JAGGARD, J.

Plaintiff brought an action to recover a balance due on a note and conditional sale contract for the purchase of a piano. Defendant’s answer admitted the execution and delivery of the note and contract *116and undertook to set up a warranty, breach of warranty, and' part payment.