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VANDERFORD v. HYLTON

No. 9562.

413 P.2d 183 (1966)

T. S. VANDERFORD, Plaintiff-Respondent, v. Chester HYLTON, Defendant-Appellant.

Supreme Court of Idaho.

April 13, 1966.

Attorney(s) appearing for the Case

Herman E. Bedke, Burley, for appellant.

H. William Furchner, Blackfoot, Hugh C. Maguire, Jr., and Louis F. Racine, Jr., Pocatello, for respondent.

McQUADE, Justice.

In 1961 T. S. Vanderford, plaintiff-respondent, sold a quantity of potato seed to Chester Hylton, defendant-appellant herein. Hylton executed a promissory note for the purchase price of the seed. Hylton refused to pay the note when it became due and Vanderford instituted this action to collect thereon. As a defense and also by way of counterclaim, Hylton asserted a failure of consideration in that the seed was diseased and worthless, that Vanderford...

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