Easton Packing Co. v. Kennedy

Citations

• 6 Cal. Unrep. 626
• 63 P. 130
• 1900 Cal. LEXIS 1105

Syllabus

<p>Promissory Note—Failure of Consideration.—Defendants Executed Two Notes, for $385 each, in payment of a commission for selling land, and payable only in the event that the vendees of the land! remained on it for one year, and made improvements equal in value to the notes. The vendees plowed one hundred acres, which increased its value $2.50 per acre, erected buildings, constructed drainage worth $75, and a levee worth $64, but with the consent of defendants, to whom they executed a reconveyance, abandoned the premises before the expiration of the year. Held, that a finding that there was not a failure of consideration for the notes was proper.</p> <p>Promissory Note—Bona Fide Holder.—Where There was Sufficient Evidence of plaintiff’s ownership of the notes in suit, and the court found against the defendants on the only defense set up by them, error of the court in finding that plaintiff came into possession of the notes without notice of equities in favor of defendants was harmless.</p> <p>Promissory Note—Conditional Delivery.—Error in Rejecting Certain Evidence as to the conditional delivery of a note was cured by the subsequent admission of all facts tending to show the real consideration for the note.</p> <p>Promissory Note—Failure of Consideration—Evidence.—Where the makers of notes resisted payment on the ground of failure of consideration, evidence to vary the terms of the notes, which in no way related to consideration, was properly excluded.</p>