Richardson & Morgan Co. v. Gudewill

The complaint sets forth a cause of action on a promissory note made by defendant to the order of plaintiff, *819dated October 20, 1898, for $244, payable on January 1, 1899, for value.

The answer in its second separate defense sets -forth that the note was given pursuant to a contract between plaintiff and defendant; that plaintiff failed to perform its part of the contract, and that, therefore, the consideration of the note failed. Tho contract, which is made part of this separate defense, is annexed to the answer and consists of a proposition by plaintiff and an acceptance by defendant as…