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14 Tenn. 508

Randle v. Harris

Tennessee Supreme Court

Decided May 15, 1834

Tennessee Supreme Court · decided 1834-05-15

Randle and Tyrrell were the joint owners of -a horse; an execution in favor of the plaintiffs below came into the hands of the sheriff against the goods and chattels of Tyrrell. The horse was in the possession of Randle. The sheriff made a levy upon him as the property of Tyr-rell, but did not take the horse in possession, Randle refusing to give him up, or to give a bond for his delivery on the day of sale.

Decided 1834-05-15

Peck, J.

¶1delivered the opinion of the court.

¶2The question raised upon the charge of the court is, whether this undertaking on the part of Randle was binding in law. This was clearly a binding promise, founded on a valid consideration. In promises the extent of benefit is not to be considered in settling the question, whether binding or not. Here the promise was for the benefit of both. It induced the discharge of the property unincumbered by the levy, left it in the hands of the promisor, and was therefore a benefit to him; not to en*510force the promise would be an injury to the plaintiffs. A promise is binding when a benefit results to both, or is a benefit to him who makes it, or works an injury to him to whom it is made.

¶3Judgment affirmed.

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