¶1By the Court.
¶2delivering the opinion.
¶3There was a plea of partial, as well as one of total, failure of consideration.
¶4The evidence was such as was applicable to both pleas.
¶5Yet the charge of the Court was obviously such as to exclude the jury from the consideration of the plea of a partial failure of consideration.
¶6We think, therefore, that the charge in so far as it did this, was erroneous.
¶7Consequently we think that there ought to be a new trial in the case.
¶8A new trial having to be granted on this ground, it is needless to consider the other grounds, relating, as they do, to the sufficiency of the evidence to support the verdict.
¶9Judgment reversed.