Wallace v. Wortham

This record presents but a single question : was the promise proved to have been made by the defendant within the -first section of the statute of frauds, or a “ promise to answer for the debt, default, or miscarriage of another 1 ” The proof is, that the “ defendant, before the sale of the articles, requested the plaintiff to sell them to one Newell, and that the sale was induced alone by the promise of the said defendant to pay for them.” This was all the evidence in the case, as it appears from the bill of exceptions. It does not appear from any thing before us, that any credit whatever…