Radio Shoppe, Inc. v. Thompson

This is a suit on a series of promissory notes aggregating 1103.50. The notes were given in part payment of the purchase price of a certain radio, sold by plaintiff and bought by defendant. The defense is a failure of consideration based upon the allegation that the radio did not operate satisfactorily.

There was judgment below for plaintiff, as prayed for, and defendant has appealed.

The evidence indicates that the radio was installed by the defendant who attached “aerial and leading wires.” We are convinced that, as thus installed, it did not function properly. Nevertheless, plaintiff…