Kimberly Jewelry Company v. Perry

This is the second appearance of this case here. Perry v. Kimberly Jewelry Co., 68 Ga. App. 568 (23 S. E. 2d, 471). Other than the defenses relied'-upon at the first' trial the further defense of total failure of consideration' was added by amendment. The judgment of the judge trying the case without the intervention of a jury with regard to that defense is'as follows: “There was evidence on behalf of defendant showing a failure of consideration, but the evidence shows that the services as a whole were of some value to defendant, and no proof being submitted upon-which to base a judgment of…