. Selections from Leake's Elements of the law of contracts and Finch's cases on contracts . ay the plaintiff 4^., in consideration that the plaintiffwould travel with him from London to York, to help him to searchfor a will ; the plea stated that, after the promise, and before anypreparation made for the journey, it was accorded and agreed betweenthem that the plaintiff should forbear his journey, and that the defend-ant should be discharged from the payment of the 4/., and that accordinglyhe discharged the plaintiff of his journey and search. However, thatcase was decided for the plaintiff on
. Selections from Leake's Elements of the law of contracts and Finch's cases on contracts . ay the plaintiff 4^., in consideration that the plaintiffwould travel with him from London to York, to help him to searchfor a will ; the plea stated that, after the promise, and before anypreparation made for the journey, it was accorded and agreed betweenthem that the plaintiff should forbear his journey, and that the defend-ant should be discharged from the payment of the 4/., and that accordinglyhe discharged the plaintiff of his journey and search. However, thatcase was decided for the plaintiff on another point. So, in Hurford ((g), it was held that a contract founded on mutual promises couldnot be discharged luit with consent of both parties. Where the con-sideration for the promise is executed, but something remains to bedone by one party, there a discharge by the other before breach may (a) Cro. Car. .383. The statement of the case by counsel is omitted. Ed.(6) Cro. Jac. 620. (c) Dig. xvii. (/) Pothier on Obligations. Pari iii. ch. iii. art. 1. {) Cro. Jac \.
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