Allen v. O'Donald

On the nineteenth ult. an opinion was announced in this case in favor of the plaintiff. Thereupon the defendants, Edward 0. and Frank R. Cross, applied for a rehearing on the questions, of the extension of time by the creditor and the statute of limitations, which was had.'

On the first point it is insisted that an agreement for the extension of time may be implied from circumstances, including the action of the parties thereunder; citing Brandt, Sur. § 304. Doubtless this. *347is a correct statement of the law. But whether the agreement is expressed or implied, it is not valid, unless for a…