Securities Investment Co. v. Jett

Securities Investment Company sued H. G. Jett in trover to recover certain property. The defense of partial failure of consideration was based on the contention that the note upon which tire action was based was given for the purchase-price of goods, and that the consideration for the note had failed to the extent of the unpaid balance of the purchase-price by reason of the fact that the goods were not suitable for the purpose intended. There was no express warranty. The sole questions involved were whether the goods were defective and whether the defendant knew of the defects, or could have…