No. 91—2205.

#### George Lehman et al. v. John Hasserman.

This action was by Hasserman, as payee, against appellants, as makers, upon two promissory notes bearing date Maich 27; 1884. The pleas were general issue, a plea of partial failure of consideration, setting up that the notes were given for part payment of an engine, boiler and machinery of a brick yard at Park Bidge, and the right to dig clay from a certain clay bank for making brick; that plaintiff warranted said engine, boiler and machinery to be in a sound and good condition; that said clay bank was distant from the yard only two miles, and that 16,000 bricks per day could be made, and that it would require only four teams to haul the clay, averring breach and damage. Plaintiff replied traversing all material averments of the plea. The court found the issues for the plaintiff, and *637gave judgment for the full amount of the notes and interest, from which defendants took an appeal to this court. The court finds no error of law to which exception was taken, and that there was no such preponderance of evidence in favor of the defendants as would justify the court in interfering with the finding of the court below.

Judge below, Elliott Anthony.

Attorneys, for appellants, Mr. Charles J. Beattie ;

for appellee, Messrs. Dent, Black & Cratty Bros.

Opinion filed Jan. 6, 1886.

Opinion Per Curiam.