Baird v. Thayer

8 Blackf. 146, 1846 Ind. LEXIS 80

Opinion

ASSUMPSIT by Martin Thayer, assignee of Isaac Fisher, against Joseph Baird on an instrument of writing as follows, which was assigned by Fisher to the plaintiff: “ Rec’d May, 1840, of W. B. Tapscott one carriage to sell, and pay the amount over to Isaac Fisher when collected, which carriage I have sold on time, and did agree to pay the amount of said carriage (one hundred and forty-five dollars) as above stated to Isaac Fisher by the express order of the above-named Tapscott. Joseph Baird’.” Held, that the instrument contained no promise on which an action would lie. Ephraims et al. v. Murdock, 1 Blackf. 10.