Wiseman v. Collins

A plea of failure of consideration should, as against a special exception, state the facts specifically. Clifton v. Brundage, 25 Tex. 331; Key v. Hickman (Tex. Civ. App.) 149 S. W. 275; Grimes v. Bricson, 94 Minn. 461, 103 N. W. 334; 4 Enc. of Pldg. & Prac. 950. A plea of want of original consideration in general terms might be sufficient because of the fact that, the very nature of the plea negatives the existence of anything more specific. Grimes v. Ericson, ■94 Minn. 461, 103 N. W. 334. But the pleading of a failure of consideration in effect admits an original consideration, and the…