The past performance of services constitutes no consideration for an express promise, unless performed at the express or implied request of the defendant. Dearborn v. Bowman, 3 Met. 155, 158. Chamberlin v. Whitford, 102 Mass. 448, 450. Massachusetts Mutual Life Ins. Co. v. Green, 185 Mass. 306, 308. Conant v. Evans, 202 Mass. 34. Williams v. Sneirson, 225 Mass. 199. Alexander v. Dove, 231 Mass. 362, 366. McCarthy v. Simon, 247 Mass. 514, 522. Mabee v. Hersum, 248 Mass. 188. Plainly there was no such request by the defendant before the plaintiff did his work. Neither the allegation nor the proof was to the effect that the promise was to pay the commission provided the plaintiff would give to the defendant the name of a person with whom he had already talked.
The right to foreclose was complete and indisputable. There is nothing to indicate that there was not full compliance with every requirement of the mortgage as to foreclosure, or that there were not numerous bidders at the sale. The promise of the plaintiff to delay foreclosure of the mortgage was without consideration and hence was not binding upon her. Williams v. Sneirson, 225 Mass. 199. Downing v. Brennan, 232 Mass. 535. Barnett v. Rosen, 235 Mass. 244. Rowland v. Hackel, 243 Mass. 160. The plaintiff was bound to exercise good faith in the exercise of the power of sale. Bon v. Graves, 216 Mass. 440. Stevenson v. Dana, 166 Mass. 163, 170. Mere inadequacy of price obtained at the foreclosure sale falls short of showing bad faith.
The date of the alleged promise is "on or about April 13, 1913" — which was subsequent to the foreclosure sale. But even construing the allegation as that of a promise made before the sale, it would be without consideration and unenforceable. Williams v. Sneirson, 225 Mass. 199. The notes were overdue, and there was a breach of the conditions in the mortgages; the sale was legally carried out in accordance with the terms of the power; and nothing was done by the mortgagee to discourage the attendance of bidders. And, as the alleged promise to hold and reconvey the property to the plaintiffs was not in writing, it was invalid by force of the statute of frauds.