Kersey v. McGowan Undertaking Co.

The controlling question in this case is whether Kersey’s contract was an original undertaking or was a contract of suretyship, which, under the statute of frauds, must have been in writing to be enforceable. Civil Code, (1910), § 3222 (2). Upon this question the plaintiff’s representative testified: “My recollection is that W. M. Kersey said for me to let Taylor have the coffin and dress, and he would see that I got my money. . . I chm’ged the account to J. S. Taylor and W. M. Kersey, and I am loolcing to loth of them for the money [italics ours]. . . In a subsequent conversation between me…