Rotenberry v. Quitman County Farmers Ass'n

The appellee in this case sued the appellant C. G. Rotenberry and one Russell Jennings on open account for goods, wares and merchandise delivered to the said Russell Jennings at the instance of the appellant C. G. Rotenberry, the purchase price of which was the sum of $1,306.47.

The defendant Rotenberry filed a plea under Section 264, Code of 1942, commonly known as the statute of frauds. The said section provides, 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…