Acme Chair & Metal Crafts Co. v. Northern Corrugating Co.

The following opinion was filed October 11, 1932:

Owen, J.

(on motion for rehearing). A motion for rehearing directs attention to the fact that this court did not consider the defense of total failure of consideration which was found by the trial court and urged in respondent’s Brief. This contention was so palpably unsound, except as taken in connection with the defense of fraud, that the court deemed it immaterial when all question of fraud was read out of the case. Plowever, it is urged upon a motion for rehearing that, fraud or no fraud, there was a total failure of consideration for the…