Copeland v. Beville

1. The defendant contends that the “alleged contract” was a contract to answer for the debt of another and that therefore it fell within the statute of frauds and must have been made in writing to be enforceable, while the plaintiff contends that the “alleged contract” was one of indemnity, and need not be in writing. “Indemnity” has been defined as “the obligation or duty resting on one person to make good any loss or damage another has incurred or may incur by acting at his request or for his benefit.” See 42 C. J. S. 564, § 1. The allegations in the present case definitely fall within the…