Mike Abraham, Oscar Abraham and J. R. Abraham v. H. v. Middleton, Inc., J. R. Abraham v. New Mexico and Arizona Land Company

MURRAH, Chief Judge.

This is an appeal from a judgment of the District Court of New Mexico in a diversity suit by appellee upon an oral promise to pay for the drilling of an oil well. Appellants’ principal contention in the trial court and here is that their oral promise was within the Statute of Frauds as a promise to pay the debt of another. The question is presented on the following facts found by the trial court, which though formally disputed in part by appellants, are clearly supported by substantial evidence.

In June 1956, appellants Mike, Oscar and J. R. Abraham, doing business as a…