Miller v. Pound

The petition declared appellant bought from appellee a service station with supplies, merchandise and book accounts; that appellee represented to appellant that the account in controversy was a good and active account and orally guaranteed payment thereof within 30 days; that the debtor failed to pay the same and that thereupon appellant demanded payment from appellee which was refused. Judgment was prayed for the amount of said account.

This appeal is from the ruling of the trial court sustaining a demurrer to said petition as being founded upon an oral contract to answer for the debt or…