Maison Blanche Co. v. Putfark

Plaintiff alleges that it sold certain merchandise to defendant aggregating in value $225.00, in payment of which defendant executed a promissory note, dated the day of the purchase, May 1, 1926; that there was paid on account of said note $112.50, leaving a balance of $112.50, for which a judgment was asked. Defendant, in his answer admitted his signature to the note and averred that the consideration therefor was a certain Radiola, purchased by him, which proved unsatisfactory. In other words, there was a failure of consideration.

Upon the trial of the case, plaintiff offered the note sued…