Vane v. Towle

Citations

• 5 Idaho 471
• 50 P. 1004
• 1897 Ida. LEXIS 35

Syllabus

<p>Sufficient Consideration to Support an Agreement. — While the compromise of a claim asserted upon the one side, but questioned upon the other, will be deemed a sufficient consideration to support an agreement to pay such claim, it is still essential that the claim so asserted should have some basis upon principles of law or equity. Where one under the influence of threats or persuasion, and for the purpose of avoiding a present or threatened embarrassment, agrees to pay or recognize a claim which has no foundation either in equity or law, such agreement is without consideration and void.</p> <p>Undertaking on Appeal — When Sufficient. — An undertaking on appeal which specifically recites that the appeal is from both the judgment and the order overruling the motion for a new trial, and obligates the sureties to pay the penalty in the event of a judgment against the appellants or the dismissal of the appeals is sufficient under the statutes of Idaho.</p> <p>(Syllabus by the court.)</p>