Ball v. Yates

Because of the emphasis which has been placed in the petition for rehearing on the "doctrine of the law of the case" it seems appropriate to review briefly the history of this litigation.

In its first appearance here, the court reviewed a judgment in favor of the defendant (appellant in the instant appeal) whose motion for a directed verdict at the close of the plaintiff's case had been granted. The author of the opinion discussed the "one-year" provision of the statute of frauds, but did not discuss the provision that a promise to pay the debt of another should be evidenced by a memorandum…