Fuller v. Holsomback

1. “Where a creditor, his debtor, and a third person who owes the debtor agree in parol that such third person shall be substituted for the debtor and that the latter shall be released, the case is not within the statute of frauds, so as to require the agreement to be in writing, but the debt is extinguished as to the debtor, and the third person becomes, by substitution, the debtor in his place.” Sapp v. Faircloth, 70 Ga. 690; Palmetto Mfg. Co. v. Parker, 123 Ga. 798, 800 (51 S. E. 714) ; Harris v. Jones, 140 Ga. 768 (79 S. E. 841) ; Holt v. Empire Tire & Rubber Co., 33 Ga. App. 723, 725…