Ramsey v. Johnson
Wyoming Supreme Court
ERROR to tbe District Court for Sweetwater County, Hon. Jesse Knight, Judge. Ellen C. Johnson brought the action against Eobert Eamsey upon a lease dated Dec. 11, 1893, made between said Eamsey and William A. Johnson. The plaintiff alleged an assignment from William A. Johnson of the claim sued for.
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ERROR to tbe District Court for Sweetwater County, Hon. Jesse Knight, Judge. Ellen C. Johnson brought the action against Eobert Eamsey upon a lease dated Dec. 11, 1893, made between said Eamsey and William A. Johnson. The plaintiff alleged an assignment from William A. Johnson of the claim sued for. The lease was alleged to cover ranch property, and that defendant’s personal property on the ranch was, under the lease, to. be held as security for the fulfillment of the conditions of the lease, and that such property consisted of horses, cattle, wagons, farming implements, household furniture,…
1Opinion of the Court
Corn, Justioe
(after stating the facts).
The plaintiff in error maintains that his demurrer should be sustained, because there is no specific allegation that the defendant promised to pay, or of the consideration upon which the promise was made. It is true that a ..recovery must be had, if at all, upon the promise of the defendant, and that a consideration is necessary to sustain the promise, and that both must be shown by the allegations of the petition. But no prescribed form of words is required; and it is not necessary that either the word (‘ promise; ’ ’ or the *398word “ consideration, ”…
2Cases cited2 opinions
- Citizens' Bank of Wichita v. FarwellCourt of Appeals for the Eighth Circuit · 1893
- Du Brutz v. JessupCalifornia Supreme Court · 1886
3Cited by2 opinions
- Bishop v. HawleyWyoming Supreme Court · 1925
- Eller v. SalatheWyoming Supreme Court · 1932