Harmon v. Block & Co.

1. In an action to recover the purchase price of goods sold and delivered i-t is necessary, in order to sustain a plea of total failure of consideration, that it appear that the goods were totally worthless for any purpose. Brown Shoe Co. v. Crosby, 30 Ga. App. 534 (4) (118 S. E. 446). To sustain a plea of partial failure of consideration it is necessary that the evidence furnish sufficient data to enable the jury to infer to what amount the consideration has partially failed. Prescott v. Seacoast Fertilizer Co., 30 Ga. App. 193 (117 S. E. 254); Grier v. Enterprise Co., 126 Ga. 17 (54 S. E.…