Aultman Thrashing & Engine Co. v. Knoll

The opinion of the court was delivered by

Burch, J.:

Henry Knoll successfully resisted the payment of a promissory note given to W. M. Smith, and indorsed to the plaintiff, on the ground of a failure of consideration. The questions in the case are whether an oral agreement furnishing the consideration of the note can be repudiated by the plaintiff, and whether evidence relating to the agreement contradicts the written promise. The verdict, the special findings of the jury and the judgment rendered after a motion for new trial all being for the defendant, only the evidence in his favor need be…