Home >> Cyclopedia-of-law-vol-4 >> Acceptance Necessary To Complete to Partners Ex Emption >> Forbearance

Forbearance

Loading

FORBEARANCE. To forbear for a time to bring proceedings at law is a valid consideration for a promise. But such a consid eration fails if the claim is wholly false, and clearly un sustainable at law or in equity, though if the claim is merely doubtful the consideration would be good. The proceeding or suit need not have been commenced. The time for which the delay is granted ought to be definite; but a general agreement to forbear all suits is construed to be a perpetual forbearance. The party making the promise need not have a direct interest in the suit which is delayed; it is sufficient if he requests the delay, as the detriment suffered by the creditor makes a valid consideration for the promise. The waiver of any enforceable right at the request of a person is a valid consideration for a promise, and this is true though the right waived be an action for a tort. (I Pars. Cont. 442-4; Beach on Cont., Sec. 168; Von Brandenstein v. Ebensberger, 71 Tex. 267.)

consideration