United States Fidelity & Guaranty Co. v. Yoder

In this case there was no express promise to forbear. Hence, in order that there may be said to be a consideration for the bond signed by Rouse, Mason and Jones, it must appear that the forbearance in this case was pursuant to a request on the part of the signers of the bond. Albany National Bank v. Dodge, 41 Wyo. 286, 306,285 P. 790. Assuming, without deciding, that a request on the part of these three defendants might be implied from the fact that the bond was signed by them and forwarded to the plaintiff, there is nothing in the record that would require the trial court to find that the…