Fairbanks v. Irwin
Supreme Court of Colorado
Appeal from Disi/riet (Jowl of lalte County. This was an action brought by Florace Fairbanks and others, plaintiffs, as payees of certain promissory notes executed by the defendant, Irwin.
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Appeal from Disi/riet (Jowl of lalte County. This was an action brought by Florace Fairbanks and others, plaintiffs, as payees of certain promissory notes executed by the defendant, Irwin. The defendant pleaded specially and circumstantially to the effect that the notes were given for the price of a certain brick-making machine sold by plaintiffs to defendant; that the machine was warranted to do good work; that it did not do good work, and that the consideration of the notes had failed by reason of a breach of such warranty. The verdict and judgment were for defendant, and the plaintiffs…
1Opinion of the CourtJustice Elliott
The first assignment of error relating to the demurrer to plaintiffs’ replication was withdrawn upon the oral argument before this court.
One O. A. Jones was called as a juror. Being examined upon his voir dire, it appeared that he was acquainted with defendant’s attorney, whom he had employed at one time to do certain legal business. This was not sufficient ground upon which to base a challenge for cause, and the court did not err in overruling such challenge. Code, § 182.
Failure of consideration of the notes sued on was the only *367defense pleaded in the action. The' defense consisted of…
2Cases cited2 opinions
- Munro v. KingSupreme Court of Colorado · 1877
- Patterson v. GileSupreme Court of Colorado · 1870
3Cited by3 opinions
- Howry v. Sigel-Campion Livestock Commission Co.Supreme Court of Colorado · 1926
- Fidelity & Deposit Co. v. Colorado Ice & Storage Co.Supreme Court of Colorado · 1909
- Wilson v. MoranSupreme Court of Oklahoma · 1921