Turner & Clayton, Inc. v. ShackelFord

This suit was brought by defendant in error against plaintiff in error, a corporation, to recover the sum of $892.80, the balance due upon a promissory note executed and delivered by the defendant to the plaintiff.

The defendant pleaded a- failure of consideration, alleging that the note was given for a part of the agreed price for constructing two derricks on oil leases owned by it; that in the contract the plaintiff had expressly or impliedly warranted that the two derricks when completed would be capable of doing the work for which they were constructed, a part of which was the pulling of…