San Jose Savings Bank v. Stone

McKinstry, J., concurring:

I concur. A finding that it was agreed, in case any error was discovered in the account, the note should he returned and plaintiff be remitted to its action upon the balance of account, would not be in accord with the fact. There was no such agreement. The note was to stand for the balance of the account, with the right in defendant to recoup to the extent of any error ascertained—to show a partial failure of consideration by proving such error.