Legal Opinion

Mize v. Mashburn

Court of Appeals of Georgia

Decided November 11, 1910No. 2774PublishedCited by 2 opinions

Certiorari; from Walker superior court — Judge Maddox. May 4. 1910. •

1Opinion of the Court

Hill, G. J.

1. Young owed Mashburn an account for $13.20, and Mize agreed with both Mashburn and Young that he (Mize) would pay this debt to Mashburn, provided Young would work for Mize until he had earned a sufficient sum to pay the debt. In pursuance of this agreement Young did work for Mize until Mize owed him enough to pay his debt to Mashburn. Held, that the promise of Mize to pay Young’s debt was not within the statute of frauds, but by agreement Mize became the debtor by substitution, and Young had fully performed. Howell v. Field, 70 Ga. 592 (1); Bohannon v. Jones, 30 Ga. 488; Anderson…

2Cases cited5 opinions

  1. Giles v. SpinksSupreme Court of Georgia · 1879
  2. Harvey v. HeadSupreme Court of Georgia · 1881
  3. Telfair County v. ClementsCourt of Appeals of Georgia · 1907
  4. Howell v. FieldSupreme Court of Georgia · 1883
  5. Bohannon v. JonesSupreme Court of Georgia · 1860

3Cited by2 opinions

  1. Mock v. WrigleyCourt of Appeals of Georgia · 1986
  2. Rouse v. Chance & HopkinsCourt of Appeals of Georgia · 1921

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