LIPTON v. BUCHANAN.

D. C, Colombo, 14,621.

Agreement not to sue-Partnership debt-Payment of moiety of debt by one partner, after dissolution of partnership-Undertaking by creditor not to sue such debtor for the other moiety until all means of recovery against the other debtor had been exhausted-Right of creditor to maintain suit against both debtors for the balance moiety-English Law-Roman-Dutch-Law-Action upon a nude pact when maintainable-Distinction between causa and consideration.

B and F carrying on business in partnership incurred a debt to L in 1899. In 1896 the partnership was dissolved by decree of Court, which appointed a receiver.

F paid a moiety of the debt to the receiver, who paid it to L, and L thereon undertook that he would not take any steps against F for the recovery of the balance due by the firm until he (L) had exhausted every possible means of recovery against B.

In 1901, L raised the present action against B and F to recover the moiety still remaining unpaid.

Held, that the question in issue, not being one " with respect to the law of partnership " in the words of section 2 of the Ordinance No. 22 -of 1866, was