Callender v. Edmison

Citations

• 8 S.D. 81
• 65 N.W. 425
• 1895 S.D. LEXIS 9

Syllabus

<p>There being' a well-settled distinction between an agreement to indemnify and an agreement to pay, an action upon a breach of covenant to pay, to a third party, at a specified time, a stipulated amount of money, and to cause certain real property to he released from the lien of a mortgage given by the plaintiff to secure the payment thereof, is maintainable by the promisee against the promisor, although the former has neither paid the money nor sustained actual injury by reason of the failure on the part of the former to perform his contract.</p> <p>(Syllabus by the Court.</p>