Williams & Lee v. Wylly

Warner, Chief Justice.

This was an action brought by the plaintiffs, who were partners, against the defendant, on a promissory note. The defendant pleaded a partial failure of consideration, alleging that one of the mules for which the note was given was unsound at the time of the sale, and was of no value ; and that the consideration, so far as that mule was concerned, had failed, to-wit: in the sum of $150, of which the plaintiffs then and there had notice. On the trial, it appears from the evidence in the record, that the plaintiffs sold to the defendant two mules and a wagon, one of the…