Nebraska Supreme Court July 18, 1924, No. 22823 (Menking v. Larson)

Good, J.

This is- an action upon a promissory note by the holder,, an indorsee, against the maker. Defendant in his answer alleged that the note was given in part payment of the purchase price of land in Colorado, and that he was induced to make the contract of purchase by fraud and misrepresentations practiced by the vendor and its agents, and set up a counterclaim for damages, alleging that