Furness v. Union National Bank

As to the suggestion-by appellants that the executory agreement made February 15, 1890, having been signed by them only, is not binding upon them, it may be said that if the agreement had never been acted upon and application were now made to compel appellants to adhere to the consent they then gave, the court might well hesitate about enforcing the promise thus made. Such is not the question presented to this court. The agreement has been acted upon, large sums of money have been paid out thereon, the situation of the parties has been materially changed inconsequence of such agreement, and…