If the consideration for a promise wholly fails, then the promise is one without consideration and is void. For example, if land is sold and a notice given for its payment and then the title to the land proves defective, there is no consideration and the note is void. "The promise is not made for a promise but for the land. The moving cause is the estate and if that fails to pass the promise is mere Nudum Pactum."30 A partial failure of consideration will render a promise void pro tanto if the promise and consideration are devisable.31 In order for a total or partial failure of consideration to have this effect, a mistake must have existed in the minds of the parties, and the failure must have existed from the time of the making of the contract.

28 Finch vs. Finch, 10 Ohio St., 501; Andrews vs. Jones, 10 Ala., 400.

29 Austin vs. Kivehn, 211 I11., 113;

71 N. E., 841. 30 Rice vs. Goodard, 14 Pac, 293. 31 Gibbons vs. Pilke, 37 Mich., 380.