Massey v. Winchester

(After stating the foregoing facts.) From the foregoing statement it will be seen that after Massey was adjudicated a bankrupt he and Winchester made an oral agreement under which Massey retained the real estate and agreed to execute the written contract already in writing. The question for determination is, was this agreement a parol promise to pay a debt dischargable in bankruptcy and void under § 4384 of the Civil Code of 1910, or was it *189a new agreement based on a valid consideration, possessing the requisites of a valid contract, and enforceable?

Had Winchester foreclosed his security deed…