Childs v. Mason

95 Ga. App. 662 (1957)

98 S.E.2d 379

CHILDS

v.

MASON.

36657.

Court of Appeals of Georgia.

Decided May 2, 1957.

Carl K. Nelson, Jr., Nelson & Nelson, Robert E. Flournoy, Jr., Price, Spivey & Carlton, for plaintiff in error.

Rountree & Rountree, contra.

NICHOLS, J.

The plaintiff's general demurrers to the answer alleged that it showed no legal defense to the petition, and that it attempted to set up an oral agreement contradictory to and inconsistent with the terms of the promissory notes set out in the petition.

The answer sought to set up two defenses, to wit: (1) An absolute failure of consideration,…