Horany v. Treese

Opinion by

RAY, C.

This is an action on a check given by defendants to plaintiffs in the sum of $1,000. The defendants answered that the consideration failed in that it was given for the assignment of a lease on certain real estate in the town of Cushing which was never executed nor delivered. Issue was joined on the defendants’ answer and the defendants assumed the burden of proof. The evidence wholly failed to sustain the allegations of the answer, but the court, after making findings of fact and law/ directed a verdict for the defendants upon the ground that the contract was in violation of…