Hudson v. Goldberg

This is a suit for the delivery up and cancellation of a promissory note and mortgage for $2,500 and of two other notes, one for $500 and one for $200, given by plaintiff to defendant. The ground alleged in the complaint for the cancellation of said instruments is not accident, mistake or fraud which induced the entering into of the same, but a failure of consideration resulting from an alleged failure by defendant to perform a certain contract entered into by the parties for the sale and delivery by defendant to plaintiff of $2,500 worth of “Prof. Kaembritz’s Assorted Remedies,” wherein it…