Foute v. Elder

The record discloses that Foute sued Mrs. Elder on a promissory note for about $400, the balance of the purchase-price of a certain lot of land in the city of Atlanta, Georgia. Mrs. Elder filed a plea of set-off for certain interest and taxes she had paid but which should have been paid by Foute. She filed also a plea of failure of consideration, in that Foute had sold her a lot of land described as being 64 feet in width and 160 feet in depth, and had obligated himself to make her a good and sufficient title thereto upon payment of the purchase-money. This plea further alleges that the lot…