Long v. Saufley

Hayne., C.

Action upon a contract to pay plaintiff five hundred dollars “out of money collected on judgment in action of Frank v. Kilbourn et al., .... provided the-said money shall be collected from property of defendant pointed out by the said Long.” The complaint avers that said Long “ did point out property belonging to said Kilbourn of the value of thirty thousand dollars out of which said judgment could have been collected, and did keep and perform all the requirements of said agreement on his part to be kept and performed ”; but that defendant compromised and settled said judgment by…