Reinhardt v. Tommy Burns Painting & Decorating Co.

POPE, Justice.

Tommy Burns Painting and Decorating Company, Inc., sued Roland Reinhardt and recovered judgment on a note for $6,168.17, plus interest and attorney’s fees. Reinhardt’s defense was that plaintiff had released the debt. Plaintiff then countered this defense by a plea, sustained by the trial court, that there was a total failure of consideration for the release.

Reinhardt was building houses during 1961 and ran into s.erious financial difficulties. He had previously given plaintiff the note, secured by a second lien on some *73houses and lots. Flynn Investment Company held the first…