Ezell v. Butcher

The opinion of the court was delivered by

Mason, J.:

Foster Ezell recovered a judgment against Mrs. Addie Butcher, who appeals. The only controversy relates to the defendant’s liability on account of goods furnished to her daughter, Mrs. Follette. The plaintiff’s theory is that the goods were sold upon the defendant’s credit — upon her original promise to pay for them. The defendant’s theory is that any promise she made' was collateral — a promise to answer for her daughter’s debt — and was unenforceable because not in writing. (Gen. Stat. 1915, § 4889.) The question presented is whether there…