A contractor agreed to do a prescribed -work for L, and employed laborers to ■work upon it at his own credit. That the work might not stop, L, with the consent of the contractor, promised the laborers, that, if they would continue to labor, he would pay their wages for the past as well as for the future; provided the funds in his hands, belonging to the contractor should be suf-, ficient. Held, the promise was not within the statute of frauds, or without legal consideration.