Daniel v. Burson

This is a suit by Burson against Daniel upon a note given by the latter for the purchase-price of a mare. When this case was heretofore before this court (Daniel v. Burson, 16 Ga. App. 39, 34 S. E. 490), we held that the trial judge erred in sustaining an oral motion to strike the defendant’s plea that the contract had been. rescinded, and in thereafter directing a verdict in favor of the plaintiff. The defendant pleaded total failure of consideration, and also that there was a subsequent rescission of the contract. In our former ruling, however, we held that the plea of failure' of…