Mathews v. Starr

Jackson, Chief Justice.

This action was brought by Starr to recover from Mathews $375.00, on an agreement that if the former, having property levied on for sale by attachment, would not protect it from sale or get other parties to bid it off for him, and run it against Mathews, then Mathews would pay Starr the difference between what he paid for it and $1,000.00, which Starr thought he could make it bring.

The jury found $375.00, Mathews having bid off the property at $625.00, and $375.00 being the difference between .the $1,000.00 and the purchase money paid by *522Mathews. A motion was made for a…