Jones v. S. G. Davis Motor Car Co.

This is an appeal from the judgment entered upon peremptory verdict in favor of appellee, S. G. Davis Motor Car Company, for the amount due upon the note of appellant, John G. Jones, liability on which was denied, because of a partial failure of consideration.

The first assignment of error is that the court erred during the progress of the trial in admitting in evidence the note for which judgment was rendered, for the reason that there was a material variance in its terms and the terms of the one declared on in the petition. The facts in that respect, as disclosed by the record, are these:…