Perry v. Erb

If the judgment appealed from rested only on. the grounds assigned "by the court "below, we should perhaps hesi-' tate to affirm it here, "but the validity of the contract in suit is attacked on the ground that it was an agreement to pay 'the debt of another, and that it was void -under the Statute of ¡Frauds,' because not in writing subscribed by the respondent-. This objection, if well taken, is a fundamental one, and renders any recovery in the action impossible. The point., was raised by the defendant in his answer, among other defenses, during the course of the trial, and was one of-the…