Walker v. Fritz

— Action upon a note for $5000 conceded to have been given by respondent to appellant in consideration of certain abstract books, maps, plats and insurance business sold by the defendant to the plaintiff. The defense was want and failure of consideration, in that plaintiff did not turn over to the defendant any insurance business, and in that the abstract books, maps and plats were so incomplete and so replete with errors as to be utterly worthless, con*318trary to plaintiff’s warranty and contrary to his representations, which the answer alleges were false and fraudulent, etc.

The verdict and…