Tatum v. Waters

1. Where, on the trial of an action for the purchase price of goods charged to the defendant but delivered to another, the evidence makes a case of sales wholly on the authority, oral or written, of the defendant, and wholly on his credit, he is the original debtor, and the law of promise to answer for the debt, default, or miscarriage of another, as contained in the statute of frauds, is not applicable. Casteel v. Allgood, 31 Ga. App. 107 (1) (119 S. E. 456); Easterling v. Bell, 29 Ga. App. 465 (1) (116 S. E. 50). Where, then, one person gave to a merchant a written agreement or order…