Barbee v. Sproul

This suit was brought by appellee upon certain promissory notes made by appellants. In addition to the general issue, four special pleas were filed, each of which set up, in effect, that the notes were given to secure payment for certain building work to be done by appellee for one of appellants, and that the work was in part defectively done, and in part was not done at all. Each of the pleas was informal in its conclusion, in that it did not conclude as a plea of failure of consideration. A demurrer to these pleas, which did not specially attack this informality, was sustained by the trial…