Smith v. Frazer

E. P. Frazer brought suit against J. A. Smith and J. W. Callaway on their joint promissory note for $1200, dated October 18, 1912, and due four months after date. The defendants admitted the execution of the note, but pleaded, in defense thereto, partial failure of consideration on account of an alleged deficiency in the quantity of certain corn and stover which constituted a part of the consideration for which the note was given; and they sought to recoup damages against the plaintiff on account of said deficiency in quantity of goods purchased, both for the contract price of the alleged…