Graham v. Nash Loan Co.

The petition here alleges a contract whereby the defendant agreed to and did actually assume the debt of her father, M. J. Cavey, “to the extinguishment of the debt of *523the said M. J. Cavey to petitioner.” This was not a “promise to answer for the debt, default, or miscarriage of another,” so as to bring the agreement within the statute of frauds and make it necessary that the agreement be in writing. The provision of the statute o£ frauds which requires that the promise to answer for the debt, default, or miscarriage of another must be in writing in order to bind the promisor does not include…