Hurst v. McDaniel

Birdsong, Judge.

Statute of frauds. One Bennett owned a tract of land in Clayton County. He went out of business and persuaded the appellant Hurst to take over the land and its indebtedness. Bennett had a first mortgage in the amount of $89,000 and a second mortgage in the amount of $50,000. The holder of the second mortgage was the appellee McDaniel. Hurst was just beginning his business enterprise in Clayton County and apparently informed Bennett that he (Hurst) could not undertake a $139,000 indebtedness without some cushion of protection. Bennett convinced Hurst that if Hurst had to…