Kenigsberger v. Wingate

Citations

• 31 Tex. 42

Syllabus

<p>Where W. had agreed to deliver one hundred bales of cotton at a warehouse, for which F. & Co. promised to pay him 20 cents a pound, W- had no right to demand payment as the cotton was delivered, but it was his duty to deliver the whole at the warehouse of the third party, and not until then had he the right to demand payment.</p> <p>Where a party is legally bound to perform a contract, which he refuses to perform for reasons which he had no right to exact, and a third person executes to him a note for no other consideration except to secure the performance of an obligation already binding, the note is without consideration and not recoverable.</p>