Hoag v. Boyle

The opinion of the court was delivered by

Johnston, C. J.:

This action involves the question whether an oral promise to pay certain obligations was original and primary in character or was a mere collateral promise to pay the debt of another and therefore within the statute of frauds.

It was alleged and shown that H. W. Eastman and F. E. Clark were partners carrying on an oil business under the name of the Southwest Oil Company; that they had borrowed from William F. Hoag, $644.55, giving their note which bore interest at the rate of eight per cent per annum. On the back of the note was the…