Booth Lumber & Loan Co. v. Bucy

The finding of the jury upon issue 4, supplemented by the court’s findings, supports the judgment. These facts do not show a collateral promise to pay the debt of Davis, but an original promise by appellant to pay same, supported by an independent valuable consideration. Therefore the statute of frauds has no application. The supplemental’petition alleges a valuable con sideration and the evidence supports the same.

The new matter contained in the supplemental petition as a basis of recovery-should have been sent up by an amended original petition. Upon exception it should have been stricken…