Eiche v. Wallrabenstein

It is the contention of-the defend- - ants that the promise alleged in the complaint in order to be valid must be in writing; that failing to allege it is in writing, the complaint fails to state a cause of action. .

Sec. 241.02, Stats., provides:

“Agreements, what must be written. In the following cases every agreement shall be void unless such agreement or some note or memorandum thereof, expressing the con*313sideration, be in writing and subscribed by the party charged therewith:

“(1) • • •

“(2) Every special promise to answer for the debt, default or miscarriage of another.”

It is not necessary…