Reddick v. Mickler

Citations

• 23 Fla. 335

Syllabus

<p>1. Partial failure of consideration is not a good plea to an action on a promissory note given for tbe purchase of lands, where the failure consists in the parcel or plot of land falling short of the quantity described in the deed.</p> <p>3. Where the plaintiff might seem to be entitled to judgment against bad pleas, but took issue on the same instead of demurring, and the pleas are vague and uncertain, so that there is doubt as to tbeir real meaning, this court will not decide for plaintiff upon them until the defendant has had an opportunity to amend.</p> <p>3. A plea of failure of. consideration sworn to, throws the onus on plaintiff, and that is not met without other proof than the note itself; and a demurrer by defendant to evidence in such a case where there is no other proof should be sustained.</p>