Tuaine v Wallis - [1965] NZLR 82

Contract — Consideration — Party acknowledging liability for damages and undertaking to pay by instalments — Agreement not referring to any consideration — Whether consideration in shape of forbearance to sue may be inferred from circumstances.

Practice and procedure — Res judicata — Plaintiff's motor car and trailer damaged through negligence of defendant — Only car insured — Plaintiff recovering judgment for damage to trailer — Insurer of car taking from defendant agreement to pay cost of repairs to car by instalments — Default made and insurer suing in name of plaintiff to recover balance — Whether claim barred by plaintiff's recovery of judgment for damage to trailer.