Ron Eason Enterprises, Inc. v. McColgan

Shulman, Judge.

Plaintiff-appellant brought suit against defendant-appellee for nonpayment of a note in the principal amount of $12,550.62. In consideration of the note, plaintiff had agreed to assume certain of defendant’s debts. Defendant alleged that plaintiffs failure to pay said debts constituted a total or, in the alternative, a partial failure of consideration.

The jury, rejecting defendant’s contentions of a total failure of consideration, returned a verdict in favor of the plaintiff for $1,000 plus attorney fees. Plaintiff appeals the judgment entered on the verdict on the grounds that…