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Trin. 18 Jac. Hall versus Woollen.
JOhn Hall an Attorney of this Court,* 1.1 brought an action upon the case against Woollen, and declared, that wheras the Defendant was pos∣sessed of an House and Land in Mekon Mowbray in the County of Leicester, for one term of the Lease of Sir John Woodward: And wheras one Webb was in communication of buying the said Lease of Woollen, and Woollen could not sell it without the assent of Sir John W. The Defendant in consideration that the Plaintiff would procure licence of the said Sir John, he promised to pay to him so much as he should disburse, and deserve therfore: And averred that he did pro∣cure a License, and delivered it to the Defendant, and disbursed such a summ, and deserved for his labour such a summ; and the Defendant upon the Count did demur. And the question was, whether that were a good consideration or no, for it did not appear that there was any con∣dition to restrain him from making an Assignment; and if I pro∣mise, that (wheras I am obliged to A.) if you will procure B. (which is a stranger) to make a Release therof to me, I will pay you forty pounds, though it be done at my instance, no action lies, for it is appa∣rant that B. could not release the Obligation: But it was adjudged that is a good consideration, for it appears that there was privity be∣tween them, and it may be that he had promised that he would not as∣sign it without his licence: And in good discretion it was convenient to have it, also it was at his instance, and for his satisfaction: And it hath been adjudged, if one promise forty pounds to another, if he can procure the assent of the Mother of a woman, though he may do it without such consent, yet it is a good consideration.