53, 20 Atl. 560; Woodlief v. Duckwall, 19 Ohio Cir. Ct. R. 564.—Failure of justice. The defeat of a particular right, or the failure of reparation for a rticular wrong, from the lack of a leg remedy for the enforcement of the one or the redress of the other.—Failure of record. Failure of the defendant to produce a record which he has alleged and relied on in his plea.—Failure of title. The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted -to sell. —Failure of trust. The lapsing or non-efficiency of a proposed trust, by reason of the de fect or insufficiency of the deed or instrument creating it, or on account of illegality, indefiniteness, or other legal impediment.