ALLEN & CO. v. FERGUSON


85 U.S. 1 (1873)

18 Wall. 1

ALLEN & CO. v. FERGUSON.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. A.H. Garland, for the plaintiff in error; Messrs. Clark and Williams, contra.


Mr. Justice HUNT delivered the opinion of the court.

The question is, does the letter of the defendant, set forth in the replication, contain a sufficient promise to pay the debt in suit?

All the authorities agree in this, that the promise by which a discharged debt is revived must be clear, distinct, and unequivocal. It may be an absolute or a conditional promise, but in either case it must be unequivocal, and the occurrence of the condition must be averred...

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