Ludden & Bates Southern Music House v. Toney

1. “A plea of total failure of consideration to a suit for the contract price of certain articles is mot supported, where the evidence fails to show that the articles are entirely worthless; and in the absence of any data from which the jury could ascertain how much less the goods are worth than the contract price, it is not error for the court to direct a verdict for the plaintiff.” Clegg-Ray Co. v. Indiana Scale & Truck Co., 125 Ga. 558 (54 S. E. 538), and cit.

In the instant case the defendant’s plea of a total failure of consideration was not sustained by the evidence. The defendant’s own…