Hill v. Frost
Texas Supreme Court
Appeal from Fort Bend. Trial below before the Hon. Wm. II. Burkhart. Frost brought this suit against Mrs. F. E. Hill to charge her with the debt of her son, Tobe Hill. Suit was brought in the justice court, appealed to the county court, and certified to the district court by reason of the disqualification of the county judge. Frost obtained judgment for the amount of his account, and Mrs. Hill appealed.
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Appeal from Fort Bend. Trial below before the Hon. Wm. II. Burkhart. Frost brought this suit against Mrs. F. E. Hill to charge her with the debt of her son, Tobe Hill. Suit was brought in the justice court, appealed to the county court, and certified to the district court by reason of the disqualification of the county judge. Frost obtained judgment for the amount of his account, and Mrs. Hill appealed. The sole question was whether or not the evidence takes the case out of the statute of frauds. The court instructed the jury that if they believed from the evidence that Frost was about to sue…
1Opinion of the Court
West, Associate Justice.—
There was no agreement, such as is contemplated by the statute of frauds, made by Mrs. Hill.
If she had agreed to assume the debt on condition that her son be discharged, it would be an original undertaking on her part, and would bind her, whether written or verbal.
There was no agreement to discharge her son, nor was he in law discharged. There was no contract between her and the appellee that the contemplated legal proceedings against B. G-. Hill should be discontinued, and he be discharged, and the debt transferred from his to his mother’s account, and she alone…
2Cases cited2 opinions
- Bason v. HughartTexas Supreme Court · 1847
- Warren v. SmithTexas Supreme Court · 1859
3Cited by11 opinions
- Shahan-Taylor Co. v. Foremost Dairies, Inc.Court of Appeals of Texas · 1950
- Aubrey v. WorkmanCourt of Appeals of Texas · 1964
- Blankenship & Blake Co. v. TillmanCourt of Appeals of Texas · 1892
- Kollatt v. ClementsCourt of Appeals of Texas · 1928
- Brand v. StateCourt of Criminal Appeals of Texas · 1927
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