Joyner v. Reynolds Bros. Lumber Co.

1. In this action upon a promissory note, in which the defendant pleaded partial failure of consideration by reason of an alleged “shortage” in the quantity of goods purchased, the testimony having conclusively established that the' defendant had reasonable opportunity to discover the deficiency, if existing, prior to the execution of the note sued on, it thus appears, as a matter of law, that any defense which might have been available as a result thereof was waived. Gamble v. Knott, 40 Ga. 199 (2); Moore v. Flowers Lumber Co., 35 Ga. App. 336 (133 S. E. 650).

2. Moreover, the defendant…