Palmer v. Tripp's Administrator

Citations

• 8 Cal. 95
• 1857 Cal. LEXIS 304

Syllabus

<p>When a party, in consideration of a conveyance of land to him, agrees to pay an outstanding note of his vendor, and writes his name on the back of the note as a memorandum of said agreement, at the same time acknowledging his liability: Held, that the liability thus assumed is not the conditional liability of an endorser, but a primary and unconditional obligation to pay the note, for which he had received a full consideration.</p> <p>In such case, parol evidence of the deed is admissible to prove consideration for the agreement to pay the note.</p>