Balph v. Broadhurst

The opinion of the court was delivered by

Harvey, J.:

This is an action by the payee of a check against the maker. The defense .was failure of consideration and fraud which induced its execution. Tlie court sustained a demurrer to defendant’s evidence and! rendered judgment for plaintiff. The defendant has appealed.

The sole question before us is whether there was sufficient evidence in support of the defense alleged to take the case to the jury. The circumstances under which the check was given are in substance as follows: The defendant, Broadhurst, owned certain oil and gas leases, by…