Loving v. Dixon

Citations

• 56 Tex. 75
• 1881 Tex. LEXIS 170

Syllabus

<p>1. Principal and surety — Admissions.— One who signs a joint obligation with an understanding between the principal, the payee, and himself, that he is but a surety, and shall not be considered bound unless the name of another surety is procured to the obligation, is not bound by a subsequent verbal promise to pay.</p> <p>2. Same.— In such a case, the condition on which the surety originally agreed to be bound never having been complied with, his second verbal promise would be but the promise to pay the debt of another; to enforce which,' some consideration must be shown. The action could be only on the new promise, which should be averred and proved.</p> <p>3. Charge of court — Practice in supreme court.—When a charge of the court presents a question outside of the case as made by the pleadings, and upon which the verdict might have been found, a judgment based on such verdict will be reversed.</p>