Ford v. Crenshaw

• Decision Date: 10 April 1822
• Parties: Ford v. Crenshaw.
• Court: Kentucky Court of Appeals

11 Ky. 68

Ford v. Crenshaw.

Court of Appeals of Kentucky.

April 10, 1822

1. Where a man has, by his own contract, become morally and legally bound to do an act, he can not maintain an action on the promise of a third person, afterwards made, to pay him for doing it. 1.

2. A consideration which is neither prejudicial to the promisee nor beneficial to the person promising, can not, according to the well settled principles of the common law, uphold a promise made thereon. 1.

A DECLARATION IN ASSUMPSIT, HELD TO SHOW NO CAUSE OF ACTION.

OPINION

THE COURT.

Statement of the case.

This writ of error is brought to reverse a judgment recovered by Crenshaw, in an action of assumpsit brought against Ford in the court below.

The assignment of errors questions the sufficiency of the declaration.

The declaration, in substance, alleges, that Crenshaw having undertaken to perform the house joiner's and carpenter's work of a house for a certain Wilson Maddox and one John Hannow having also undertaken to perform the house-joiner's and carpenter's work of a house for Ford, an agreement was made and entered into between Crenshaw and Hannow, wherein they stipulated to exchange work; the said Hannow, on his part, to assist Crenshaw in the completion of the work which Crenshaw had undertaken for Maddox, and Crenshaw, on his part, to assist Hannow in the performance of the work which Hannow had undertaken for Ford and that each should receive pay for the work performed for the other, proportionate to its value; that in pursuance to the agreement, Hannow assited in the performance of the work undertaken by Crenshaw, and received pay therefor, and that some short time thereafter, Crenshaw, with Hannow, commenced the work which Hannow had undertaken for Ford, and having shortly thereafter discovered, that Ford had, in part, paid Hannow for the work and knowing, that if the whole should be paid to Hannow, he, Crenshaw, might be put to difficulty and trouble in obtaining pay for the work which he might perform a conversation was had and moved between Crenshaw and Ford wherein Ford stated, that he had not paid Hannow more than forty dollars, and that he would not pay him more until the work was performed, and then and there promised and agreed with Crenshaw, that if he would go on with the work, he would pay him for the proportion of the work done by him, when the work should be completed, or give his, Ford's note...