Henderson v. Kendrick

Citations

• 82 Fla. 110
• 89 So. 635

Syllabus

<p>1. In an agreement to compromise a disputed claim, forbearance to sue in respect of tbe claim is a good consideration.</p> <p>2. When a person bona fide believes he has a fair chance of success in a suit against another, his forbearance to sue constitutes a good consideration.</p> <p>3. Where a person has an immediate right to have an execution levied and defendant’s property advertised for sale, an agreement to pay a sum of money for forbearance to levy an attachment and advertise property for sale, is a valid one.</p> <p>4. The detriment which will constitute a consideration for a promise need not be an actual loss to the promisee. It is sufficient if he does something that he is not legally bound, to do.</p> <p>5. An agreement to pay a sum of money if the holder of a judgment will forbear to have execution levied and advertise the property of the defendant for sale, is an agreement for the benefit of the promisor, and is .a detriment to the promisee and constitutes a valid claim against the promisor.</p>