Case: Haigh v.

Brooks

Parties: Plaintiff - Haighs

Defendant - Brooks

Procedural History: Haigh sues Brooks. Judgment from Court of Queen's bench
entereted for plaintiff, Haigh. Defendant appeals to exchequer

Facts: haigh sold goods to Lees on credit. Brooks signed a writing to guarantee
Lees debts to Haigh for 10,ooo pounds. The writing said "in consideration of your
being in advance." Brooks then induced Haigh to surrender the writing in exchange
for a promise tom pay total of 9,666 pounds (this promise was accepted by Lees).
Lees then failed to pay the 9,666 pounds.

Issue: Was the court correct to enter a judgment for the plaintiff? Was there
consideration in the promise exchanged for the writing to guarantee payment of the
debt, which did have consideration?

Holding: Judgment affirmed.

Reasoning: Since the writing that had consideration was given up for the promise,
there existed consideration in the writing's surrender.