
    Butler & Company v. McCall.
    Argued January 25,
    Decided February 13, 1904.
    Complaint on note. Before Judge Mitchell. Colquitt superior court. April 7, 1903.
    
      Shipp & Kline, for plaintiffs m error.
    
      J. G. & J. F. McGall, by Z. D. Harrison, contra.
   Candler, J.

The consideration of a contract is always open to inquiry in a suit for its enforcement. The answer of the defendants as amended, setting up that the note sued on was for the purchase-price of certain sawmill timber, that part of the land conveyed had no timber on it at all, that as to other portions a paramount outstanding title existed in other parties, and that the defendants had never been in possession thereof, was good as a plea of failure of consideration, and should not have been stricken on demurrer.

Judgment reversed.

All the Justices concur, except Simmons, C. J., absent.  