Reed v. Richards & Conover Hardware Co.

The plaintiff filed an action on an open account for goods sold and delivered to E. A. Reed, defendant. Reed answered and defended on the theory that the promise to pay the account was an oral promise to pay the debt of one Moore for goods sold to Moore. A trial to the court without a jury resulted in a judgment for the plaintiff. Defendant appeals and presents two propositions: (1) Error of the court in the finding that the contract was not within the statute of fraud; (2) failure to make separate findings of fact and conclusions of law.

Disposing first of the alleged error in the refusal of…