Second Baptist Church v. C. H. Myers

Appellees sued appellant on two promissory notes, dated July 12, 1910, for $400 each, interest, and attorney's fees. Appellant, in defense, averred failure of consideration, because the notes were given in pursuance of a written contract obligating' appellees to manufacture certain church furniture according to design and diagram, made part of the contract, and to deliver same installed under the supervision of appellees in appellant’s church building; title to remain in appellees until agreed price was fully paid. The furniture was never installed in the church, and purchase price not fully…