Tennessee Code Annotated
Tenn. Code Ann. § 47-50-104 (2026)
Failure of consideration - Defense
✓ current as of May 2026
The want or failure, in whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by anyone who is not an innocent and bona fide holder.
Code 1858, § 1806 (deriv. Acts 1849-1850, ch. 20, § 1; 1849-1850, ch. 60, §1); Shan., §3215; Code 1932, § 7830; T.C.A. (orig. ed.), §§ 47-1703, 47-15-104.
Notes of Decisions
Cited in 1
case, 2010–2010 · leading case: Holt v. Wilmoth, 336 S.W.3d 234 (Tenn. Ct. App. 2010).
Holt v. Wilmoth, 336 S.W.3d 234 (Tenn. Ct. App. 2010). “§ 47-50-104 (2001)(recognizing “want or failure” of consideration as a defense), with Tenn.”
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