Fallen v. Electric Appliance Co.

This being a suit upon a note given for the purehase-price of personalty, where the defendant pleaded a total failure of consideration, and where it appeared from the evidence offered by the defendant that the property sold, which was an electrical refrigerator, would not serve the purpose of refrigeration, which was the use for which the property was intended, and there being no evidence that would authorize the inference that the property was totally worthless for any purpose, but, from the nature of the property itself as it appears from the uncontradicted evidence, an inference was…