Townsend v. Board of Water Commissioners

Citations

• 63 Ill. 26

Syllabus

<p>Failure oe consideration—plea of. To an action on a promissory note the defendant pleaded that the sole consideration of the note was the ice to be formed on the ponds at the reservoir of the plaintiffs during the winter next following, and, in consideration of the ice so to be formed, lie executed the note; that no ice of any value was formed on said ponds during said winter, and that whatever ice was formed on said ponds was wholly useless to said defendant, wherefore the defendant avers that the consideration of said note has wholly failed: Held, that the plea was bad on general demurrer, the facts'-presentiug no defense to the note, there being no warranty or guaranty that any ice would form, or that it would be of any particular value.</p>