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ROGERS v. SWINKS

38436.

102 Ga. App. 444 (1960)

116 S.E.2d 638

ROGERS et al. v. SWINKS.

Court of Appeals of Georgia.

Decided September 27, 1960.

Attorney(s) appearing for the Case

Huie, Etheridge & Harland, W. Stell Huie, for plaintiffs in error.

Walter E. Baker, James R. Venable, contra.

NICHOLS, Judge.

The special grounds of the amended motion for new trial assign error on the following excerpt of the court's charge: "In this case the defendants have filed a plea of total failure of consideration. While a plea of total failure of consideration includes partial failure of consideration there must be evidence introduced showing the extent to which the consideration has failed before a verdict can be rendered...

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