Grimes

Judgment having been rendered in favor of the defendants in an action upon a conditional agreement for the payment of money to the plaintiff’s assignor, the plaintiff appealed.

The complaint embraced in haec verba a written instrument reciting that whereas a named corporation was indebted to one W. I. Shanklin in the sum of $2,400 for services rendered, the said defendants would cause payment of the same to be made, “and failing therein we, the undersigned, will each pay such proportion thereof as the amount in value of property received by each of the undersigned through, by or from said corporation bears to the whole amount received by all of the undersigned”. It was further alleged, and admitted by failure to deny the same,, that the defendants each agreed to pay in such proportion as the value of property received should bear to the whole amount received by them, and that “said defendants did not, nor did any of the said defendants, at any time or times receive any property whatsoever through, by or from the same corporation”. From the evidence introduced, the trial court found that there was no consideration for the execution of said contract, and that it was executed solely…