Salt Water Resources v. Kirkpatrick & O'Donnell Construction Equipment Co.

GUITTARD, Chief Justice.

Kirkpatrick & O’Donnell Construction Equipment Company recovered a judgment by default against Salt Water Resources, Inc. in a suit on a promissory note. Defendant Salt Water filed a motion for new trial alleging “the meritorious defense of failure of consideration.” Attached to the motion is an affidavit of defendant’s president stating: “Further, no consideration was received, in whole or in part by Salt Water Resources, Inc.” This statement is a legal conclusion unsupported by any specific facts. See Hidalgo v. Surety Savings and Loan Association, 487 S.W.2d 702…