Allen Tile & Marble Co. v. Vinyl Plastics, Inc.

Felton, Chief Judge.

1. The plea of failure of consideration and the cross-action were all in one. The plea of failure of consideration was without merit because the shipment of tile which the plaintiff contends was worthless had been paid for by the plaintiff, and this action is for the purchase price of a subsequent shipment of tile to the defendant.

The substance of the .cross-action is that the defendant purchased from the plaintiff certain tile which the defendant installed in the home of Mr. Melvin Hargett. After the tile had been in use for a few weeks Mr. Hargett complained to the…