References: [1861] EngR 638, (1861) 7 H & N 1, (1861) 158 ER 367
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A declaration stated that B and the defendant, joint owners of a horse and mare, agreed that the defendant should sell them, and pay one moiety of the proceeds to the plaintiff as the agent of B , who was abroad that the defendant sold the horse to C. for 600l, and the mare for 300l. and did not receive the price of the horse, but took from the purchaser of the mare a promissory note for 300l. which the defendant indorsed and delivered to the plaintiff as the agent of B, and the amount of which was received by the plaintiff as such agent that the defendant afterwards requested the plaintiff, upon his own responsibility, to pay the defendant one moiety of the 300l in the plaintiff’s hands as such agent, and the plaintiff paid the defendant 50l. That the defendant again requested the plaintiff, on his own responsibility, to pay the defendant 100l, the residue of the moiety of the 300l, which the plaintiff was willing to do provided the defendant, in consideration of the said sum of 50l. so paid and the further sum of 100l when paid, would undertake either to deliver to the plaintiff a bill of exchange for 233l 3s (being B.’s moiety of the proceeds of the sale of the horse, less the forfeits in respect of the same), drawn by the defendant upon and accepted by C at two months date, or pay the plaintiff 233l 3s in cash within two weeks , and thereupon the defendarit wrote and delivered to the plaintiff the following undertaking. ‘In consideration of your having paid me the sum of 150l. On account of my share of the mare, I hereby undertake to deliver to you a bill for 233l 3s. drawn by me upon and to be accepted by C at two months, or the above sum in cash within two weeks from this date.’ On demurrer : Held, that the declaration disclosed a sufficient consideration for the defendant’s promise.
Last Update: 26-Oct-15 Ref: 284399