Grant v. Kinney

Section 8621, General Code, commonly known as the statute of frauds, provides:

“No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default or miscarriage, of another person; * * * unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized.”

The question determinative of this case, as stated by counsel for plaintiff in error, is whether the “verbal agreement alleged by the…