Thompson v. Cordele Motor-Car Co.

1. A plea of total failure of consideration includes a partial failure, and under such a plea a verdict allowing a partial abatement of the purchase price is permissible. Morgan v. Printup Bros. & Pollard, 72 Ga. 66.

2. Where, in defense to a suit against the maker of a purchase-money note which does not purport to contain the terms of sale, a plea of total failure of consideration is entered, in which a breach of contemporaneous express representations and warranties governing the transaction are set up, and the defendant introduces evidence in support of the plea, it is not improper for the…