Cable Company v. Rogers

EAHSTBY, Chief Justice.

This suit was brought in the Justice Court by appellant to recover on three promissory notes, each for $35, interest and attorney’s fees, executed by appellee.

Appellee answered stating that said notes were executed in consideration for one piano of the value of $380, on which he had paid $305, in property and money. That the consideration had failed, said piano being not as represented, but totally worthless, and sought the cancellation of said notes and a recovery of the amount paid, less $10 remitted. His prayer was: “Wherefore, premises considered defendant prays…