Ohio Court of Appeals April 13, 1925, No. 5448 (Ingersoll v. Mitchell)

SULLIVAN, J.

F. S. Ingersoll sued Leo Mitchell on a note in the Cuyahoga Common Pleas the subject matter of which was a tractor alleged to have been retained by Mitchell during the spring and two fall seasons following.

Mitchell’s answer set up a failure of consideration for the note claiming that the tractor sold to him was practically worthless and that it was of no use to him whatsoever.