Addison v. Cowart

“A plea of total failure of consideration includes within its terms the defense of partial failure of consideration, but the defendant can have no abatement from the purchase-price on account of a partial failure of consideration, unless he furnishes to the jury sufficient data to enable them to estimate with reasonable certainty the amount of the abatement.” Crouch v. Spooner, 9 Ga. App. 695 (2) (72 S. E. 61).

2. In the instant suit on a promissory note given for the purchase-price of a tractor, where the defendant pleaded a total failure of consideration and the breach of certain warranties,…