King v. Rich

Townsend, Presiding Judge.

The four items contended for by the defendants to constitute a failure of consideration will be considered in order. It appears that although the franchise had in fact expired, no cost was connected therewith, and it was renewed by Gulf Oil Company immediately after notice to it. The sink and hot water heater were also admitted by Gulf Oil Company to be the property of the plaintiff, and accordingly became the property of the defendant. As to the matter of inventory, the value was, according to the estimate of an independent appraiser substantially under the purchase…