Patterson v. . Fuller

The evidence established the fact that the notes in controversy were executed and delivered by the Fullers in consideration of the purchase price of certain land conveyed to them by the Pattersons, and further, that by reason of outstanding deeds of trust upon tlie property securing notes for more than $1,000,000, and the subsequent foreclosure that there was a total failure of consideration for the purchase money notes given by the Fullers to the'Pattersons. However, the Pat-tersons assert that the Fullers are not in a position to plead the failure of consideration for the reason that H.…