Air Conditioning Corp. v. Honaker

Plaintiff caused a judgment to be entered' by confession against defendant by a power of attorney attached to a promissory note dated November 6, 1935. On motion of defendant the judgment was opened. There was a trial by the court with a finding and judgment in favor of defendant and plaintiff appeals from that judgment.

The defense in substance was failure of consideration in that the note was given for equipment which the plaintiff’s assignor sold to defendant and agreed to install in defendant’s restaurant, and which (so it was represented — and the representations relied on by defendant)…