Robbins v. Hays

Russell, Judge.

1. “This court will not interfere with the first grant of a new trial, even where a verdict is directed, unless the law and evidence demanded the verdict directed.” Fuller v. Cox, 81 Ga. App. 301 (58 SE2d 513).

2. A plea of total or partial failure of consideration is a permissible defense to an action founded upon any contract. Code §§ 81-601, 20-310, 20-902. To sustain such defense after the plaintiff has made out a prima facie case for the purchase price, the defendant must show either that the ■ consideration has totally failed, or, if the failure is partial, sufficient data…