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Smith v. Dawson (1923 Ont. C.A.)


P agreed to build D house. Fire took place. D had insurance P didn’t. P said would finish if D paid them the insurance money


Is it good consideration to give up your right to abandon a contract?


Performing an existing contract by one party is no consideration for a new promise by the other party.
**Cant get more money to do something you were already required to do.

Giving up the right to abandon a contract is not good consideration.


The promise to pay for work being done is not binding for want of consideration

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