Frew

This is an appeal by the defendants from an order granting plaintiff’s motion for a new trial. The action is one to recover judgment for seven thousand five hundred dollars, with interest, upon a note dated September 30, 1911, made by the defendants in favor of plaintiff’s assignor, one E. U. Wheeloeh. Execution and delivery of the note are admitted, as well as nonpayment thereof. A reduction is claimed on account of a so-called partial failure of consideration, the defendants offering to pay a sum slightly less than four thousand dollars, together with interest thereon from date of the note to date of the commencement of the action. The case was tried to a jury which returned a verdict for only six thousand dollars, whereas the plaintiff contends for the entire indebtedness shown on the face of the note.

In December, 1910, the Consolidated Lumber Company and the Watts Lumber Company sold and delivered to the defendant American Aeroplane Company lumber which was used in the construction of grandstands, hangars, and other structures on certain land known as Dominguez Aviation Field in Los Angeles County. Bills were rendered to the defendant company for such lumber, amounting to…