ROSCORLA v THOMAS (1842) CONSIDERATION MAY BE EXECUTORY (A PROMISE) OR EXECUTED (AN ACT): Past consideration is not good consideration.

A declaration stated that in consideration that plaintiff, at the request of defendant, had bought a horse of defendant at a certain price, defendant promised that the horse was free from vice, but that it was vicious: Held bad, for the executed consideration, though laid with a request, neither raised by implication of law the promise charged in the declaration, nor would support such promise, assuming it to be express.

A declaration stated that, in consideration that plaintiff, at the request of defendant, had bought a horse of defendant at a certain price, defendant promised that the horse was free from vice, but it was vicious. On motion in arrest of judgment:…