Legal Opinion

Postal Telegraph & Cable Co. v. Friedhof

Mississippi Supreme Court

Decided October 15, 1921No. 22237PublishedCited by 1 opinion

Appeal from circuit court of Lauderdale county. Hon. J. H. Fati-ieree, Judge. Action by Theodore Friedhof, Jr., against the Postal Telegraph & Cable Company. Judgment for plaintiff, and defendant appeals.

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Appeal from circuit court of Lauderdale county. Hon. J. H. Fati-ieree, Judge. Action by Theodore Friedhof, Jr., against the Postal Telegraph & Cable Company. Judgment for plaintiff, and defendant appeals. The appellee, Theodore Friedhof, Jr., recovered a judgment in the circuit court of Lauderdale county against the appellant, Postal Telegraph & Cable Company, in the sum of eighty-seven dollars and fifty-five cents, with interest, aggregating ninety-five dollars and forty-two cents for services alleged by the appellee to have been rendered appellant by him in repairing the bicycles of…

1Opinion of the CourtAnderson, J.

(After stating the case as above.) The first section of the statute of frauds (section 4775, Code of 1906; section 3119, Hemingway’s Code) proAddes, among other things, that: “An action shall not be brought whereby to charge a defendant or other party—

“(a) Upon any special promise to answer for the debt or default or miscarriage of another person; . . .
“Unless . . . the promise or agreement upon which such action may be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some person by him or her thereunto laAvfully authorized.”

2Cases cited7 opinions

  1. Waul v. KirkmanMississippi Supreme Court · 1854
  2. Gulfport & Mississippi Coast Traction Co. v. FaulkMississippi Supreme Court · 1918
  3. Riechman-Crosby Co. v. DinwiddieMississippi Supreme Court · 1918
  4. Sumrall v. Kitselman Bros.Mississippi Supreme Court · 1911
  5. Craft v. LottMississippi Supreme Court · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Walley v. SteeplesDistrict Court, N.D. Mississippi · 1996

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