Peck v. Powell

On Motion for Rehearing.

If we admit that there was a sufficient consideration moving to and from each of the parties at the time Murray said he would raise $7,000 from some of his homefolks or friends, the agreement itself did not create a lien upon and was not tantamount to an assignment of the fund, because there was no,fund; in fact, the $7,000 was never raised ; Murray only succeeded in obtaining $5,500 of that amount. In the motion it is asserted that this money was paid over to Peck under the contract. This statement, is at variance with the record. Peck and Murray both testified that…