Brinkley Car Works & Manufacturing Co. v. Cook
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellant was the plaintiff-below and alleged in its complaint the following facts: “That during August and September, 1911, it had sold and delivered to one Ben Hirsch certain lumber of the value of $352.65 for the purpose of erecting buildings on his farm.
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Appeal from Monroe Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellant was the plaintiff-below and alleged in its complaint the following facts: “That during August and September, 1911, it had sold and delivered to one Ben Hirsch certain lumber of the value of $352.65 for the purpose of erecting buildings on his farm. That when plaintiff requested payment from said Hirsch for said lumber he stated that defendant Cook was indebted to him in a sum in excess of the amount which he owed to plaintiff and requested the plaintiff to collect the amount from said defendant. That…
1Opinion of the Court
Smith, J.,
(after stating the facts). An agreement not to exercise a legal right isi a valid consideration to support a contract. Lay v. Brown, 106 Ark. 1; 151 S. W. 1001. And the agreement alleged in the complaint was a new and original consideration, moving between the newly contracting parties, which takes the promise to pay Hirsch’s debt from without the statute of frauds.
The controlling question in cases involving an agreement to pay the debt of another is whether the agreement so to do is original or collateral. “A promise by a third person to pay the pre-existing debt of another founded…
2Cases cited4 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Chapline v. Atkinson & Co.Supreme Court of Arkansas · 1885
- Zimmerman v. HoltSupreme Court of Arkansas · 1912
- Lay v. BrownSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Jonesboro Hardware Co. v. Western Tie & Timber Co.Supreme Court of Arkansas · 1918
- Federal Compress Warehouse Company v. HallSupreme Court of Arkansas · 1945
- Mitchell v. SchulteSupreme Court of Arkansas · 1920
- Frame v. WhittamSupreme Court of Arkansas · 1930