PROMISE

A declaration, verbal or N written, made by one person to another for a· good or laluable consideration in the nature of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal right to deQmand and enforce a fulfillment. See Taylor v. Miller, 113 N. C. 340, 18 S. E. 504; Newcomb v. Clark, 1 Denio (N. Y.) 228; Foute v. Bacon, 2 Cush. (Mi .) 164; U. S. v. Baltic Mills Co., 124 Fed. 41, 59 C. C. A. 558. "Promise" is to be distinguished, on the one P 1 band, from a mere declaration of intention involving no engagement or a urance as to the future; and, on the other, from ·"agreement," which is an obligation arising upon reciprocal promises, or upon a promise founded on a eon• 1i deration. Abbott. "Fictitious promises," sometimes called "implied promises," or "promises implied in law," occur in the case of those contraclB which were invented to enable persons in certain cases to take advantage of the old rules of pleading peculiar to contracts,!Lild which are not now of pra!'.!tical importance. Sweet. -Mutual promises. Promises simultaneously made by and between two parties; each being the consideration. for the other.-Naked promise. One ~ven without any consideration, equivalent, or reciprocal,obligati an, ana for that reason not enforceable at law. See Arend v. Smith, 151 N. Y. 502, 45.N. E. 872. -New promise, An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer - be enforced, whereby• the promisor recognize■ and revives such former promise and engages to fulfill it.-Parol promise. A simple contraet; a verbal promise. 2 Steph. Comm. 109.-Promise of marriage. A contract mutually entered into by a man and a woman that the7 will marry each other. [s. 960]