Richarz v. Wolcken

Citations

• 34 Tex. 102

Syllabus

<p>Plaintiff sued on .a written undertaking of the defendant to pay him two hundred dollars, on condition that the plaintiff would settle a certain ,lawsuit of a third party against the defendant, or ,on the alternative condition that the defendant should recover a judgment in the law suit which would free him of all damages and costs. Plaintiff alleged that the defendant had recovered a judgment in the suit, which freed him of all damages and costs. Held, that the instrument not being under seal, and not being a bill of exchange or promissory note, negotiable by indorsement or delivery, it was not such an instrument as implied a consideration ; and as no consideration was expressed on its faee, it was necessary for the plaintiff to aver and prove a good or valuable consideration in order to maintain his action. Had he averred and proved that he had settled the law suit, or that it was by his services that de- ' Pendant had recovered the judgment, then a cause of action would have been established ; but the mere recovery of the judgment by the defendant himself was no consideration for the promise to the plaintiff.</p>