112 Mich. 624 | Mich. | 1897
Reissman & Barnes had a contract for the purchase of some lots on Tillman avenue, in Detroit. They were also engaged in building two houses upon these lots. The defendants furnished lumber to them to be used in the construction of the houses. Plain.tiffs furnished hardware to be used for the same purpose, to the amount of $176.52. Reissman & Barnes sought to make a loan on the premises through one Charles T. Miller, and the following letter was addressed to Mr. Reissman by Mr. Miller:
“Mr. G-eo.EL Reissman, City.
“Dear Sir: With reference to closing up the loans on Tillman-avenue houses, my clients wish to have it done in the following manner: Upon delivery of the Chemenski mortgages for $1,950, properly executed, we will pay out $1,185 to the several parties you mention, so as to procure release of existing mortgages and pay some more pressing accounts. The remaining $767 coming to you, we wish to go to Yeomans & Co., on condition that they or you will see that all the other bills are paid, and no liens placed on the property.
“Yours truly,
“Chas. T. Miller.”
Upon this agreement, defendants indorsed the following:
“We accept the above condition.
“Yeomans, Chesebrough & Co.”
This was also signed by Reissman & Barnes.
Thereupon Mr. Miller paid into the hands of Yeomans, Chesebrough & Co., the defendants, the $767 mentioned in the foregoing letter. Subsequently, plaintiff Mason, in company with Mr. Reissman, called upon Yeomans & Co., and what occurred is in dispute. But it is conceded that Yeomans & Co. paid $90 upon the account, leaving
The only matter in dispute was whether the defendants promised the plaintiffs to pay them their demand. The case was submitted to the jury on the following charge:
“If you believe that Yeomans Sc Chesebrough promised that, if the plaintiffs, Stephen & Mason, should not. resort to or enforce their lien against the property in question, they .would pay the bill, that would be a good and valid consideration, and the promise would be original to pay the debt, and the defendants would be liable.”
Defendants’ counsel complains of this instruction, and contends that, before a promise to pay a sum which consists of an obligation owing by another can be treated as an original promise, a consideration must pass to the promisor; and counsel cites authorities to show that it is
Judgment affirmed.