Columbia Loan Company v. Parks

Townsend, Judge.

The motions to disallow and dismiss the amendments which alleged a setoff because of a failure of consideration were properly denied. Under the provisions of Code § 107-102, where the assignee of a purchase-money retention-title contract and notes elects to rescind the contract and bring trover against the vendee upon the latter’s failure to make the instalment payments, the defendant may plead and prove a failure of consideration as to the property purchased, and a partial failure of consideration will constitute a defense pro tanto to the action. If the first amendment was…