v0862-490
United States
Circuit Court of Appeals
FOR THE NINTH CIRCUIT.
Fairbanks, Morse & Company, a
corporation,
Plaintiff in Error ^
VS.
- 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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