Stallings v. Moore

DUNKLIN, Chief Justice.

Testimony of the defendant was sufficient to require the court to submit to the jury the defense pleaded of false-and fraudulent representations inducing him to execute the contract. According to his testimony the alleged misrepresentations on which he relied were of the quality and fitness of the machine sold and concerning which defendant was wholly ignorant, and a finding of the jury in defendant's favor thereon would have supported the defense of failure of consideration, either in whole or in part. 10 Tex. Jur. pp. 153, 154, §§ 90-91; 6 Tex. Jur. p. 963, § 283, and…