American International Industries, Inc. v. Plumbers Woodwork Co.

Pannell, Judge.

1. The holding that where a note is given to induce the payee thereof to perform a contract which it is already bound to perform, and which it refuses to perform, using the refusal as a means of morally coercing the makers of the note to execute it, the note is without consideration *491and a nudum pactum (Vinson v. Williams Printing Co., 85 Ga. App. 442 (69 SE2d 782)), is limited to cases where the note represents a promise to pay to the payee an amount over and above the original amount agreed to be paid under the contract. Vinson v. Williams Printing Co., supra; Hall v.…