25 Ga. App. 162 | Ga. Ct. App. | 1920
1. The court properly overruled the demurrers to the answer of the defendant, as the answer is not subject to the criticisms made by either the general demurrer or the special demurrers.
2. While a plea of total failure of consideration includes partial failure of consideration, paragraph 4 of the answer in this case was in fact a plea of partial failure of consideration, and there was evidence introduced showing the extent to which the consideration had failed. “ Partial payment, with knowledge of the defective condition, will not estop the buyer from pleading partial failure of consideration.” Civil Code (1910), § 4137. See also Atkins v. Cobb, 56 Ga. 86 (6); Pearson v. Brown, 105 Ga. 802 (2) (31 S. E. 746).
3. There was ample evidence to support the verdict, and the court did not err in overruling the motion for a new trial.
Judgment affirmed.