Southern Const. Co. v. Farnham Co.

DALLAS, Circuit Judge.

The decision of the circuit court is sufficiently supported by the opinion of the learned District Judge. 144 Fed. 989. The. suggestion now made, that the only extrinsic proof requisite to sustain the defense which he held to be insufficient in law, would be of “a consideration additional to the consideration named in the writing,” cannot be accepted. What really was proposed by the affidavit of defense was not merely to show by oral evidence that, as a fact, a consideration other than that mentioned in the written contract was given, but to vary the terms of the…