Chapter 14-11 Failure or Lack of Consideration

• Jurisdiction: United States

14-11 Failure or Lack of Consideration

Defendant must deny, in a verified pleading, that the consideration for the written instrument on which the plaintiff bases its action has failed for specific reasons, to be described by the defendant.³⁸

Similarly, regarding a complete lack of consideration, defendant must deny, in a verified pleading, that there is no consideration for the written instrument on which the plaintiff bases its claim because of reasons described by the defendant.³⁹

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Notes:

^[38] Tex. R. Civ. P. 93(9); 1464-Eight, Ltd. v. Joppich, 154 S.W.3d 101, 103 (Tex. 2004).

^[39] Tex. R. Civ. P. 93(9); Brown v. Aztec Rig Equipment, Inc., 921 S.W.2d 835, 845 (Tex. App.— Houston [14th Dist.] 1996, writ denied).