Beal v. Beal

Franklin, C.

— Appellee sued appellant upon a promissory note. Appellant answered, and alleged in the third paragraph of his answer a partial failure of the consideration of the note. A demurrer was sustained to this paragraph of the answer.

The ruling upon the demurrer is the only question presented by counsel in this case.

This paragraph of the answer reads as follows: “ The defendant for an amended third paragraph of his answer says: That he admits the execution of the note sued on, but says that the same was given for and in part consideration for the purchase price of the following real…