Question number 4?

to perform its part of the franchise agreement. May Andersen use failure of consideration as a defense when sued by First Investment Company on the note? Why or why not? [ See: First Inv. Co. v. Andersen, 621 P.2d 683 (UT).] 4. In exchange for an asphalt paving job, Paulick gave Bucci a note promising to pay to the order of Bucci $7,593 in six months with 10 percent per annum interest. Payment was not made on the due date, and Bucci brought suit. Paulick used failure of consideration as a defense, claiming that the paving job was improperly done. The court held that Bucci was a holder in due course because he had taken the instrument for value, in good faith, and without notice of any claims or defenses of Paulick's. Could Paulick use the defense of failure of consideration against Bucci? Why or why not? [See: Bucci v. Paulick, 149 A.2d 1255 (PA).]