Nixon-Foster Service Co. v. Morrow

HUDSPETH, Justice.

This is a suit on a promissory note. The defense is partial failure of consideration. Defendant’s amended answer states:

“That the consideration of said note was as follows: (A) That the defendant herein had purchased from the copartnership of Nixon-Foster Service Company a certain electric refrigerator for $301.00 and a certain light plant and equipment, consisting of a generator and batteries, for the sum of $587.00, and that at the time of said purchase it was represented to defendant, and defendant was led to believe, by Nixon-Foster Service Company, acting by and through…