Reese v. Gordon

Citations

• 19 Cal. 147

Syllabus

<p>A partial failure of consideration cannot be pleaded in bar of an action upon a note given for the purchase money of land.</p> <p>If there be fraud in the sale of the land, or a warranty of title, or if the consideration be divisible or capable of apportionment, a partial failure of consideration may sometimes be given in evidence in reduction of damages; but even then the matters relied on by defendant must constitute such an affirmative right of action as would maintain a separate suit.</p>