Mann v. Erie Manufacturing Co.

The main question for decision is whether the oral promise of Erie is an unconditional and primary promise and thus outside of the statute of frauds (sec. 241.02 (2), Stats.), or is a special promise to answer for the debt, default, or miscarriage of another person which is void by that section because it is not in writing and subscribed by Erie.

From the number of cases in this and other jurisdictions which have interpreted the statute of frauds with varying and conflicting results, one thing is clear, this court even in 1905 made no understatement in McCord v. Edward Hines Lumber Co. (1905),…