Rogers v. Swinks

Nichols, Judge.

The special grounds of the amended motion for new trial assign error on the following excerpt of the court’s charge: “In this case the defendants have'filed a plea of total *445failure of consideration. While a plea of total failure of consideration includes partial failure of consideration there must be evidence introduced showing the extent to which the consideration has failed before a verdict can be rendered giving the defendant the benefit of a partial failure. In this case there is no evidence as to value other than full contract price, therefore, unless you find the work…