American Academy of Accountancy v. Jones

This was an action on a contract and promissory note, by the payee thereof, against the maker. The defense was, first, that there was fraud in the inducement to execution of the contract and note; second, that there was a failure of consideration. The trial court, without a jury, held for the defendant, the basis of the holding being failure of consideration for the note and its accompanying contract. The plaintiff appeals.

It is urged that the court erred in admitting evidence tending to vary the terms of the contracts sued upon, said evidence tending to show that defendant was fraudulently…