v0862-490

Document Title Page

United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Fairbanks, Morse & Company, a

corporation,

Plaintiff in Error ^

VS.

    1. Nelson,

Defendant in Error.

OPENING BRIEF.

POINTS AND AUTHORITIES.

This is an action at law, based upon diversity of citi-

ship. Plaintiff in error, an Illinois corporation, made a

written contract with defendant in error, a citizen of

California, by the terms of which defendant in error pur-

chased a tractor, in payment of which he executed and

delivered his three promissory notes for twelve hundred

dollars ($1200) each to plaintiff* in error. Failing to

pay the notes, this action was commenced. Upon the

trial in the lower court the execution of the contract

and of the promissory notes were admitted. The proof

that plaintiff' in error is and was a foreign corporation

was not controverted, and the delivery of the tractor to

defendant in error upon his ranch was admitted in the

pleadings, and the affirmative defense presented bv the


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