Warner v. H. Munsheimer & Co.

Opinion by

Willson, J.

§ 393. Failure of consideration; insufficient plea of; case stated. Appellant sued appellees upon a promissory note for $666.66. Appellees pleaded specially in substance as follows: That they made said note and two others, amounting in the aggregate to $2,000; that said notes were given for the oak timber growing upon certain lands which appellant claimed to own; that they purchased said timber for railroad cross-ties; that appellant knew the purpose for which they purchased it; that they sent their agent to appellant to examine said lands and timber before making said…