Johnson v. . Carson ( 1826 )

The opinion of the Court was delivered by

Haix, Judge:

It appears in this case, that the Plaintiff covenanted with Jason H. Wilson, to build a house on the land of Wilson, for a certain sum of money; that when he had nearly completed the work, he sold the house to the Defendant for the same sum, deducting therefrom, the value of the work remaining to be done. To this contract, it does not appear that the assent of Wilson, was given. The Plaintiff’s demand then, is founded on a promise made by the Defendant, to pay a sum of money, for pro perty to which the Plaintiff had no right, and of which, of course, he could not dispose.

But it further appears, that the Defendant is the brother-in-law of Wilson, and that Wilson, after the ágreement between the Plaintiff and Defendant, sold the house to John Carson, the Defendant’s brother; it further appears, that part of the chimney was built to the house, by the Defendant, who rented it out for John Carson, but whether it was built before John Carson purchased it 09 afterwards, does not appear.

It is very probable from these circumstances, that the matter was well understood by the brotherhood, and that the Defendant’s agency in purchasing the house, was approved of by. Wilson, and that they acted in the transaction with one mind, but that they did so, has not been made to appear. It may have been otherwise, but it is too much to guess at. I therefore think that the Defendant’s promise was made without consideration, and that the judgment ought to be arrested.

Judgment arrested.