The defence in this case is not founded on a failure of the consideration of the note, otherwise than by a *Page 308 defect in the quality of the timber for which it was given. That being so, if there was neither warranty nor fraud in the sale of the timber, the defect in quality constitutes no defence. ( Seixas v. Woods, <a href="/opinion/5618356/seixas-v-woods/" aria-description="Citation for cas…
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