With regard to the second contention. The appellant’s counsel contended that, there being no evidence of the damages, the respondent could only base his claim on the evidence showing that appellant promised to pay these charges claimed as damages and the claim thus became a debt, and cited in support of this contention Lloyd v. Ashdown, 8 Sask. L.R. 217; 32 W.L.R. 11, at p. 12, wherein it is stated: If damages become a debt by a judgment, they become a debt equally by agreement between the parties which fixes the amount, and which amount the defendant agrees to pay.
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