Is a promise made by a grandfather to be accountable for the value of work done on his grandson's garden a collateral undertaking?

Saskatchewan, Canada


The following excerpt is from Macdonald-Crawford, Ltd. v. Burns, 1924 CanLII 90 (SK CA):

In Harris v. Huntbach, 1 Burr. 373 (97 E.R. 355), the defendant promised “to be accountable” for £19, the value of work done on the garden of his grandson, who was an infant. Mr. Justice Foster said: The infant was not liable, and therefore it [the grandfather’s promise] could not be a collateral undertaking.

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