Alexander v. Foster

The opinion of the Court was delivered by

Mr. JusTrcE Cothran

Action upon a note executed by the defendant to the plaintiff, dated January 12, 1920, due January 1, 1921, for $375, with interest.at 8 per cent, after maturity until paid, and 10 per cent, attorneys’ fees.

The defendant admits thé execution of the note, which he alleges was given for the standing timber upon 22J4 acres of land belonging to the plaintiff; and alleges that the consideration therefor has failed, by reason of the fact that thereafter the plaintiff sold said tract of land to another without reserving the timber; he also…