Deaton v. Coble

The statute of frauds, G.S. 22-1, in pertinent part provides that “no action shall be brought ... to charge any defendant upon a special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party charged therewith . . .”

Testing the paper writing sued on by the provision of this statute, it is seen that it lacks the essential of a “special promise to answer the debt ... of another person” the plaintiff. The second sentence is incomplete, and…