Selected Cases On Contracts Arranged for the Students of Business Law

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318, is a familiarly known case of this kind, in which the defendant promised a father, who was about to fell timber for the purpose of raising a portion for his daughter, that if he would forbear to fell it the defendant would pay the daughter £1000. The daugh- ter maintained an action on this promise. Several like de- cisions had been previously made. * * * The defendant has no money which in equity and good conscience belongs to the plaintiff. No funds of Rollins', either in money, property ...or credit, have been put into the defendant's hands for the purpose of meeting the plaintiff's claim on Rollins. The sale of the equity of redemption to the defendant did not lessen the plaintiff's security for the mortgage debt which Rollins owed her intestate, for that equity could not have been taken toward payment of that debt. Atkins v. Sawyer, 1 Pick. 351. There was no near- ness of relation between Rollins and the plaintiff's intestate. Nor has the defendant had the use and occupation of the land of the plaintiff or of her intestate under a promise or under any legal liability to pay rent for it.

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