Yost v. Guinn

The opinion of the court was delivered by

Mason, J.:

D. S. Yost sued L. D. Guinn and Rosetta Guinn, his wife, upon two promissory notes. The defendants filed an answer alleging that the notes had been given for the interest on the final installment of the purchase price of a tract of land which the plaintiff had contracted to deed to Guinn, the title to which had subsequently passed to a third person by a sale under an earlier mortgage, resulting in a failure of consideration. A demurrer to the answer was sustained, and the defendants appeal.

The petition merely alleged the execution by the…