Taylor v. Howard

Citations

• 70 Wash. 217
• 126 P. 423
• 1912 Wash. LEXIS 1032

Syllabus

<p>Contracts — Coercion—Consideration — Validity. Where plaintiff had paid out $300 to release a collateral note of $750, in consideration of which defendant was to give plaintiff a guaranty note for $300, and the $750 collateral note having come into the defendant’s possession, he refused to surrender it or give the guaranty note until plaintiff had promised to pay a third party $200, such promise was coerced and void as without valid consideration.</p> <p>Guaranty — Conditions Precedent. A promise by defendant to pay plaintiff any sum up to $300 which, on final settlement between plaintiff and a third person, might be found due to the plaintiff, cannot be enforced until a final settlement in which a sum is found due the plaintiff.</p> <p>Frauds, Statute oe — Promise to Pay Debt of Another. An oral promise by defendant to pay plaintiff any sum up to $300 which, on final settlement between plaintiff and a third person, might be found due to the plaintiff, is within the statute of frauds.</p> <p>Frauds, Statute of — Defenses—Pleading — Necessity. Where the complaint in an action upon an oral contract guaranteeing the debt of another alleged the loan of money in general terms without disclosing the true foundations of the case, the defendant may, under the plea of the general issue, take advantage of the statute of frauds; although ordinarily he could not do so without specially pleading it.</p>