Daw v. Niles

Garoutte, J.,

dissenting. — I am compelled to dissent from the views and conclusion of the court declared in this case. If I clearly grasp the grounds upon which the court has based its conclusion, they are in the main that this oral agreement offered to be proven was collateral to the principal contract, and also made without consideration. To my mind neither of these positions has any support whatever. The oral agreement was neither collateral, nor was it without consideration. The consideration for it was the loan of the money, and this agreement to pay the taxes was based upon that…