Powell v. Forcey

Citations

• 241 Pa. 152
• 88 A. 426
• 1913 Pa. LEXIS 752

Syllabus

<p>Contracts — Performance—Failure of consideration.</p> <p>Upon the trial of an issue to determine whether there was a failure of consideration for a judgment note given by a son to his father, both deceased, it appeared that the note was given to secure the purchase money for property to be conveyed by the father to the son; that no conveyance was made in the lifetime of the father, but that he devised the property by will to the son, who remained in possession thereof until his death two years later; and that' during that time he did not question the judgment which had been entered against him by the executors of his father’s estate. Held, the lower court was correct in directing a verdict for the plaintiffs in the issue, the executors of the father’s estate.</p>