Bonham Cotton Press Co. v. McKellar

GAINES, Associate Justice.

This suit was brought by defendant in error against the plaintiff in error, a private corporation, to recover upon two promises in writing, each for 82500, executed by the defendant corporation, through its president. They were made payable to the Webb Gompress Company, by whom they were transferred to the plaintiff, and were in all respects in the form of promissory notes, save that each contained a condition. There was no question raised in the trial court or upon the appeal with reference to the conditions.

The defendant pleaded a failure of consideration, by a…